TA8-12480

TA8-12480

Documentary evidence established the SLPF committed widespread and systematic crimes against humanity; the claimant, by virtue of his rank, postings, opportunities to leave, inconsistent testimony and failure to act, had personal and knowing participation (including culpable non-action) in those crimes; therefore there are serious reasons for considering he committed or was complicit in crimes against humanity and he is excluded under Article 1F(a) and s.98 IRPA.

Citation
TA8-12480
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration (Canada); Designated Representative: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 August 2012
Procedural Posture
Refugee Protection Exclusion (article 1 F(a)) / Redetermination Hearing De Novo Decision
Outcome
Claimant excluded from refugee protection under Article 1F(a) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act; claim dismissed.
Legal Topics
Exclusion Article 1 F(a), Crimes Against Humanity, Complicity (personal and Knowing Participation), Credibility Findings, Remittal / Redetermination
Source Language
English
Immigration Refugee Law International Criminal Law Administrative Law Exclusion Article 1 F(a) Crimes Against Humanity Complicity (personal and Knowing Participation) Credibility Findings +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent/minister

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Exclusion (article 1 F(a)) / Redetermination Hearing De Novo Decision

Legal Issues

  1. 1 Whether the claimant is an excluded person under Article 1F(a) of the Refugee Convention
  2. 2 Whether the Sri Lankan Police Force (SLPF) committed crimes against humanity (widespread or systematic attack)
  3. 3 Whether the claimant was complicit via personal and knowing participation

Ratio Decidendi

Documentary evidence established the SLPF committed widespread and systematic crimes against humanity; the claimant, by virtue of his rank, postings, opportunities to leave, inconsistent testimony and failure to act, had personal and knowing participation (including culpable non-action) in those crimes; therefore there are serious reasons for considering he committed or was complicit in crimes against humanity and he is excluded under Article 1F(a) and s.98 IRPA.

Court Disposition

Claimant excluded from refugee protection under Article 1F(a) of the Refugee Convention and section 98 of the Immigration and Refugee Protection Act; claim dismissed.

Orders

  • Claimant determined to be an excluded person pursuant to section 98 of IRPA (Article 1F(a)).
  • No further determination on inclusion was required or made.