MA5-05286

MA5-05286

The panel found sufficient evidence that the claimant was a member of the Haitian national police during a period when that organization committed serious human rights abuses, that she participated in police operations (including use of tear gas), and that she was associated with the police's goals; on this basis there are serious reasons for considering she was complicit by association in crimes against humanity, and she is therefore excluded from Convention refugee protection under Articles 1F(a) and 1F(c).

Citation
MA5-05286
Parties
Claimant: XXXXX XXXXX; Respondent/minister: Minister of Citizenship and Immigration (Canada); Panel Member: Me Michel Jobin; Refugee Protection Officer: Myra Shuster
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 July 2006
Procedural Posture
Refugee Protection / Exclusion Decision (article 1 F Determination)
Outcome
Claimant excluded from Convention refugee protection under Articles 1F(a) and 1F(c).
Legal Topics
Exclusion Clause, Article 1 F, Complicity, Crimes Against Humanity, Particular Social Group, Political Opinion, Sexual Violence
Source Language
English
Refugee Law Immigration Law International Law Human Rights Law Exclusion Clause Article 1 F Complicity Crimes Against Humanity +3 more

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Parties

XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent/minister

Me Michel Jobin

Panel Member

Myra Shuster

Refugee Protection Officer

Procedural Posture

Refugee Protection / Exclusion Decision (article 1 F Determination)

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(a) and 1F(c)
  2. 2 Whether claimant was complicit in crimes against humanity by association or participation
  3. 3 Nature and standard of proof for exclusion ('serious reasons for considering')

Ratio Decidendi

The panel found sufficient evidence that the claimant was a member of the Haitian national police during a period when that organization committed serious human rights abuses, that she participated in police operations (including use of tear gas), and that she was associated with the police's goals; on this basis there are serious reasons for considering she was complicit by association in crimes against humanity, and she is therefore excluded from Convention refugee protection under Articles 1F(a) and 1F(c).

Court Disposition

Claimant excluded from Convention refugee protection under Articles 1F(a) and 1F(c).

Orders

  • Claimant XXXXX XXXXX is excluded from the application of the Convention (Articles 1F(a) and 1F(c)).