TA7-03630

TA7-03630

The Minister failed to establish reasonable grounds to believe the claimant committed crimes against humanity under Article 1F(a): although KhAD was found to be an organization principally directed to a limited brutal purpose, the claimant credibly established he was a low‑level XXXXX in an operational directorate but performed minor support tasks, lacked personal and knowing participation or a shared common purpose to advance KhAD atrocities, and rebutted the presumption of complicity; separately, the claimant established a well‑founded fear of persecution on Convention grounds (imputed political opinion/membership) from non‑state actors and cannot obtain state protection, therefore he...

Citation
TA7-03630
Parties
Claimant: XXXXX XXXXX; Intervenor: Minister of Public Safety (intervenor); Adjudicator: Holly Solomon
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 October 2010
Procedural Posture
Refugee Protection Claim With Minister's Intervention (exclusion/inclusion) / Decision Issued (refugee Protection Division Reasons and Decision)
Outcome
Claim allowed; exclusion not established; claimant found to be a Convention refugee
Legal Topics
Exclusion (article 1 F(a)), Crimes Against Humanity, Complicity, Imputed Political Opinion, State Protection, Well‑founded Fear, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law International Criminal Law Human Rights Law Exclusion (article 1 F(a)) Crimes Against Humanity Complicity Imputed Political Opinion +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Minister of Public Safety (intervenor)

Intervenor

Holly Solomon

Adjudicator

Procedural Posture

Refugee Protection Claim With Minister's Intervention (exclusion/inclusion) / Decision Issued (refugee Protection Division Reasons and Decision)

Legal Issues

  1. 1 Whether there are serious reasons to consider the claimant committed crimes against humanity (Article 1F(a))
  2. 2 Whether KhAD is an organization principally directed to a limited brutal purpose
  3. 3 Whether membership/role in KhAD gives rise to a presumption of personal and knowing participation and shared common purpose and whether claimant rebutted that presumption

Ratio Decidendi

The Minister failed to establish reasonable grounds to believe the claimant committed crimes against humanity under Article 1F(a): although KhAD was found to be an organization principally directed to a limited brutal purpose, the claimant credibly established he was a low‑level XXXXX in an operational directorate but performed minor support tasks, lacked personal and knowing participation or a shared common purpose to advance KhAD atrocities, and rebutted the presumption of complicity; separately, the claimant established a well‑founded fear of persecution on Convention grounds (imputed political opinion/membership) from non‑state actors and cannot obtain state protection, therefore he...

Court Disposition

Claim allowed; exclusion not established; claimant found to be a Convention refugee

Orders

  • Claimant's refugee protection claim accepted; claimant declared a Convention refugee
  • Minister's allegation of exclusion under Article 1F(a) dismissed