MA9-08623

MA9-08623

The member found the claimant not credible, concluded there are serious reasons for considering she personally participated in or was complicit in crimes against humanity during the 1994 Rwandan genocide, and therefore determined she is excluded under Article 1F(a) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act, resulting in rejection of the refugee claim.

Citation
MA9-08623
Parties
Claimant: XXXXXXXXXXXX; Intervener: Minister of Public Safety and Emergency Preparedness; Decision Maker: Immigration and Refugee Board - Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 March 2012
Procedural Posture
Refugee Protection Claim With Exclusion Determination / Decision Following Hearings
Outcome
Claim rejected; claimant excluded under Article 1F(a) of the 1951 Refugee Convention and s.98 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion (article 1 F), Crimes Against Humanity, Complicity, Credibility and Evidence, Gender Based Violence, Genocide, Ministerial Intervention
Source Language
English
Immigration Law Refugee Law Human Rights Law International Criminal Law Administrative Law Exclusion (article 1 F) Crimes Against Humanity Complicity +4 more

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Parties

XXXXXXXXXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervener

Immigration and Refugee Board - Refugee Protection Division

Decision Maker

Procedural Posture

Refugee Protection Claim With Exclusion Determination / Decision Following Hearings

Legal Issues

  1. 1 Whether claimant is credible
  2. 2 Whether there are serious reasons to consider claimant complicit in crimes against humanity
  3. 3 Whether exclusion under Article 1F(a)/(c) and section 98 of IRPA applies

Ratio Decidendi

The member found the claimant not credible, concluded there are serious reasons for considering she personally participated in or was complicit in crimes against humanity during the 1994 Rwandan genocide, and therefore determined she is excluded under Article 1F(a) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act, resulting in rejection of the refugee claim.

Court Disposition

Claim rejected; claimant excluded under Article 1F(a) of the 1951 Refugee Convention and s.98 of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claim denied
  • Claimant declared excluded from Convention refugee status under Article 1F(a); no protection granted