MA3-09759

MA3-09759

Panel concluded on the evidence that claimant was a member of the Peruvian armed forces deployed in emergency zones, had training and supervisory responsibilities, was familiar with Los Cabitos where torture occurred, and gave inconsistent and minimizing testimony; given documentary evidence of systematic military abuses, these facts provide serious reasons to consider the claimant complicit in crimes against humanity and justify exclusion under Article 1F(a) and 1F(c).

Citation
MA3-09759
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Intervener: Minister of Citizenship and Immigration; Presiding Member: Me Michel Jobin; Refugee Protection Officer: Roxanne Cyr
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 March 2006
Procedural Posture
Refugee Protection — Exclusion Assessment / Final Decision on Exclusion Under Article 1 F
Outcome
Claimant excluded from Convention refugee protection; claim denied under Article 1F(a) and Article 1F(c).
Legal Topics
Exclusion Clause, Article 1 F(a), Article 1 F(c), Complicity, Military Service, Crimes Against Humanity, Credibility and Inconsistencies, Procedural Adjournments
Source Language
English
Refugee Law Immigration International Criminal Law Administrative Law Exclusion Clause Article 1 F(a) Article 1 F(c) Complicity +4 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration

Intervener

Me Michel Jobin

Presiding Member

Roxanne Cyr

Refugee Protection Officer

Procedural Posture

Refugee Protection — Exclusion Assessment / Final Decision on Exclusion Under Article 1 F

Legal Issues

  1. 1 Whether claimant committed or was complicit in crimes against humanity
  2. 2 Whether exclusion under Article 1F(a) and/or 1F(c) applies
  3. 3 Standard and burden of proof for exclusion ('serious reasons for considering')

Ratio Decidendi

Panel concluded on the evidence that claimant was a member of the Peruvian armed forces deployed in emergency zones, had training and supervisory responsibilities, was familiar with Los Cabitos where torture occurred, and gave inconsistent and minimizing testimony; given documentary evidence of systematic military abuses, these facts provide serious reasons to consider the claimant complicit in crimes against humanity and justify exclusion under Article 1F(a) and 1F(c).

Court Disposition

Claimant excluded from Convention refugee protection; claim denied under Article 1F(a) and Article 1F(c).

Orders

  • Claim excluded under Article 1F(a) and 1F(c); refugee protection denied.