MA3-00620

MA3-00620

On the balance of probabilities the tribunal found the MQM to be an organization that perpetrated crimes against humanity and the claimant to have been a member who knowingly and willingly participated in violent extortion and related activities as part of a unit with common purpose; therefore there are serious reasons for considering him complicit in crimes against humanity and he is excluded under Article 1F(a) and 1F(c), making him ineligible for refugee or protected person status under IRPA.

Citation
MA3-00620
Parties
Claimant: XXXXX XXXXX; Intervener/respondent: Minister of Citizenship and Immigration; Claimant's Counsel: Me Styliani (stacey) Markaki; Minister's Counsel: Me Anne-Renée Touchette; Refugee Protection Officer: Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2005
Procedural Posture
Refugee Protection Claim Exclusion Under Article 1 F / Hearing and Decision on Exclusion Clauses 1 F(a) and 1 F(c)
Outcome
Claimant excluded from Convention refugee status and denied person in need of protection status
Legal Topics
Exclusion Clause 1 F, Crimes Against Humanity, Complicity/common Purpose Liability, Terrorism, Credibility and Burden of Proof
Source Language
English
Immigration Law Refugee Law International Criminal Law Administrative Law Exclusion Clause 1 F Crimes Against Humanity Complicity/common Purpose Liability Terrorism +1 more

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Parties

XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration

Intervener/respondent

Me Styliani (stacey) Markaki

Claimant's Counsel

Me Anne-Renée Touchette

Minister's Counsel

Refugee Protection Officer

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Exclusion Under Article 1 F / Hearing and Decision on Exclusion Clauses 1 F(a) and 1 F(c)

Legal Issues

  1. 1 Whether the MQM is an organization that perpetrated crimes against humanity/acts contrary to UN purposes and principles
  2. 2 Whether the claimant was a voluntary member of MQM and participated knowingly in its criminal activities
  3. 3 Whether the claimant's conduct renders him excludable under Article 1F(a) and 1F(c) of the Refugee Convention

Ratio Decidendi

On the balance of probabilities the tribunal found the MQM to be an organization that perpetrated crimes against humanity and the claimant to have been a member who knowingly and willingly participated in violent extortion and related activities as part of a unit with common purpose; therefore there are serious reasons for considering him complicit in crimes against humanity and he is excluded under Article 1F(a) and 1F(c), making him ineligible for refugee or protected person status under IRPA.

Court Disposition

Claimant excluded from Convention refugee status and denied person in need of protection status

Orders

  • Claimant excluded under Convention Article 1F(a) and 1F(c) and therefore not eligible for Convention refugee status
  • Claimant is not a person in need of protection under IRPA s.97(1)