MA7-08141

MA7-08141

On the evidence the tribunal found serious reasons to believe the AFP committed crimes against humanity in its campaign against Abu Sayyaf and that the claimant, by virtue of his ISAP role, rank, lengthy service, knowledge or wilful blindness, failure to dissociate and ability to disengage, shared a common purpose and knowingly participated as an accomplice; accordingly he is excluded under Article 1F(a) and s.98 IRPA and is not a Convention refugee or a person in need of protection.

Citation
MA7-08141
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent / Minister: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 January 2012
Procedural Posture
Refugee Protection – Exclusion Under IRPA (s.98 / Article 1 F) / Hearing on Minister's Intervention and Decision on Exclusion (final Decision)
Outcome
Exclusion sustained: claimant excluded under Article 1F(a) of the Refugee Convention and s.98 IRPA; not a Convention refugee and not a person in need of protection.
Legal Topics
Exclusion (article 1 F), Crimes Against Humanity, Complicity / Accomplice Liability, Willful Blindness, Minister's Intervention
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Exclusion (article 1 F) Crimes Against Humanity Complicity / Accomplice Liability Willful Blindness +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent / Minister

Procedural Posture

Refugee Protection – Exclusion Under IRPA (s.98 / Article 1 F) / Hearing on Minister's Intervention and Decision on Exclusion (final Decision)

Legal Issues

  1. 1 Whether the Armed Forces of the Philippines committed crimes against humanity during the claimant's service period
  2. 2 Whether the claimant was complicit (accomplice) in those crimes
  3. 3 Whether the claimant should be excluded under Article 1F(a) of the Refugee Convention and s.98 IRPA

Ratio Decidendi

On the evidence the tribunal found serious reasons to believe the AFP committed crimes against humanity in its campaign against Abu Sayyaf and that the claimant, by virtue of his ISAP role, rank, lengthy service, knowledge or wilful blindness, failure to dissociate and ability to disengage, shared a common purpose and knowingly participated as an accomplice; accordingly he is excluded under Article 1F(a) and s.98 IRPA and is not a Convention refugee or a person in need of protection.

Court Disposition

Exclusion sustained: claimant excluded under Article 1F(a) of the Refugee Convention and s.98 IRPA; not a Convention refugee and not a person in need of protection.