MA5-00906

MA5-00906

On the facts the claimant served in the Mauritanian army for over 20 years, received promotions, had knowledge of widespread and systematic abuses by the military against Black Mauritanians and did not disassociate at the earliest safe opportunity; these facts give serious reasons to consider him complicit and guilty of acts contrary to the purposes and principles of the United Nations, thus excluding him under Article 1F(c) and raising serious reasons under Article 1F(a).

Citation
MA5-00906
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: Me Marie-Josee L'Ecuyer; Intervenor: Minister of Public Safety and Emergency Preparedness; Refugee Protection Officer: Patricia Nobl; Panel Member: Michel Jobin; Designated Representative: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 October 2006
Procedural Posture
Refugee Protection – Exclusion Proceedings Under Article 1 F / Decision on Exclusion
Outcome
Claimant excluded from protection under the Refugee Convention; exclusion found under Article 1F(c) and serious reasons for considering exclusion under Article 1F(a).
Legal Topics
Exclusion Clause Article 1 F, Complicity, Crimes Against Humanity, Imputed Political Opinion, Credibility Assessment
Source Language
English
Refugee Law Immigration Law International Criminal Law Human Rights Law Exclusion Clause Article 1 F Complicity Crimes Against Humanity Imputed Political Opinion +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Me Marie-Josee L'Ecuyer

Claimant's Counsel

Minister of Public Safety and Emergency Preparedness

Intervenor

Patricia Nobl

Refugee Protection Officer

Michel Jobin

Panel Member

N/A

Designated Representative

Procedural Posture

Refugee Protection – Exclusion Proceedings Under Article 1 F / Decision on Exclusion

Legal Issues

  1. 1 Whether the claimant is excluded under Article 1F(c) of the Refugee Convention
  2. 2 Whether there are serious reasons for considering the claimant complicit in crimes against humanity under Article 1F(a)
  3. 3 Whether mere membership in the Mauritanian armed forces suffices to establish complicity or exclusion

Ratio Decidendi

On the facts the claimant served in the Mauritanian army for over 20 years, received promotions, had knowledge of widespread and systematic abuses by the military against Black Mauritanians and did not disassociate at the earliest safe opportunity; these facts give serious reasons to consider him complicit and guilty of acts contrary to the purposes and principles of the United Nations, thus excluding him under Article 1F(c) and raising serious reasons under Article 1F(a).

Court Disposition

Claimant excluded from protection under the Refugee Convention; exclusion found under Article 1F(c) and serious reasons for considering exclusion under Article 1F(a).