MA8-00399

MA8-00399

Documentary evidence established that CIMO routinely committed serious human rights violations amounting to crimes against humanity; the claimant was an active member of CIMO during that period, held a rank and role within the unit, remained with the organization knowing of its brutality, and failed to rebut the presumption of complicity; therefore there are serious reasons for considering he is guilty of crimes against humanity and he is excluded under Article 1F(a) and s.98 IRPA; derivative family claims were not credible and the American-citizen child had no country-of-citizenship risk evidence.

Citation
MA8-00399
Parties
Principal Claimant / Designated Representative for Minor Children: XXXX XXXX; Spouse of Principal Claimant: XXXX XXXX XXXX XXXX; Child (haitian): XXXX XXXX; Child (american Citizen): XXXX XXXX; Respondent / Intervenor (notice Withdrawn): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 September 2012
Procedural Posture
Refugee Protection Claim Under IRPA and the Refugee Convention / Decision on Exclusion Under Article 1 F(a) and Inclusion of Family Claims (final Decision)
Outcome
Principal claimant excluded under Article 1F(a) for crimes against humanity; not a Convention refugee or person in need of protection; spouse and children’s claims rejected; no risk shown for American-citizen child in country of citizenship.
Legal Topics
Exclusion (article 1 F), Crimes Against Humanity, Complicity and Membership Liability, Burden and Standard of Proof, Personal and Knowing Participation, Credibility Assessment
Source Language
English
Immigration Law Refugee Law International Law Criminal Law Administrative Law Exclusion (article 1 F) Crimes Against Humanity Complicity and Membership Liability +3 more

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Parties

XXXX XXXX

Principal Claimant / Designated Representative for Minor Children

XXXX XXXX XXXX XXXX

Spouse of Principal Claimant

XXXX XXXX

Child (haitian)

XXXX XXXX

Child (american Citizen)

Minister of Public Safety and Emergency Preparedness

Respondent / Intervenor (notice Withdrawn)

Procedural Posture

Refugee Protection Claim Under IRPA and the Refugee Convention / Decision on Exclusion Under Article 1 F(a) and Inclusion of Family Claims (final Decision)

Legal Issues

  1. 1 Whether the principal claimant is excluded under Article 1F(a) of the Refugee Convention for crimes against humanity
  2. 2 Whether the CIMO was an organization with a limited brutal purpose during the claimant's membership
  3. 3 Whether mere membership gives rise to a presumption of complicity and whether the claimant rebutted that presumption

Ratio Decidendi

Documentary evidence established that CIMO routinely committed serious human rights violations amounting to crimes against humanity; the claimant was an active member of CIMO during that period, held a rank and role within the unit, remained with the organization knowing of its brutality, and failed to rebut the presumption of complicity; therefore there are serious reasons for considering he is guilty of crimes against humanity and he is excluded under Article 1F(a) and s.98 IRPA; derivative family claims were not credible and the American-citizen child had no country-of-citizenship risk evidence.

Court Disposition

Principal claimant excluded under Article 1F(a) for crimes against humanity; not a Convention refugee or person in need of protection; spouse and children’s claims rejected; no risk shown for American-citizen child in country of citizenship.

Orders

  • The claims for refugee protection are dismissed; principal claimant is excluded under Article 1F(a) and s.98 IRPA.
  • Derived claims of spouse and children are rejected.