MA4-05010

MA4-05010

The Minister did not discharge the burden of showing serious reasons to believe the claimant committed or was an accomplice to crimes under Article 1F(a) or (c); although the claimant had ties to the state security apparatus, there was insufficient evidence of personal and knowing participation or that the organization was of the limited, brutal type that would make membership alone excludable; therefore the claimant is not excluded and is a Convention refugee by reason of political opinion and risk from past government connections.

Citation
MA4-05010
Parties
Claimant: XXXXX XXXXX XXXXX; Minister: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 March 2008
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision After Hearing (hearings Feb 20 and Mar 30, 2006; Decision Mar 12, 2008)
Outcome
Claim allowed; claimant determined to be a Convention refugee by reason of political opinion.
Legal Topics
Exclusion Clause (article 1 F), Inclusion Clause (convention Refugee, S.96 Irpa), Person in Need of Protection (s.97 Irpa), Political Opinion, Burden of Proof (serious Reasons to Believe), Complicity and Membership, Torture and Crimes Against Humanity
Source Language
English
Immigration Law Refugee Law International Law Human Rights Law Exclusion Clause (article 1 F) Inclusion Clause (convention Refugee, S.96 Irpa) Person in Need of Protection (s.97 Irpa) Political Opinion +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Minister

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision After Hearing (hearings Feb 20 and Mar 30, 2006; Decision Mar 12, 2008)

Legal Issues

  1. 1 Whether there are serious reasons to believe the claimant committed or was an accomplice in crimes covered by Article 1F(a) or (c) of the Refugee Convention
  2. 2 Whether mere membership or employment with a state security organization is sufficient to trigger exclusion absent evidence the organization pursued limited, brutal purposes or the claimant had personal and knowing participation
  3. 3 Whether the claimant is a Convention refugee by reason of political opinion or a person in need of protection under s.97 IRPA

Ratio Decidendi

The Minister did not discharge the burden of showing serious reasons to believe the claimant committed or was an accomplice to crimes under Article 1F(a) or (c); although the claimant had ties to the state security apparatus, there was insufficient evidence of personal and knowing participation or that the organization was of the limited, brutal type that would make membership alone excludable; therefore the claimant is not excluded and is a Convention refugee by reason of political opinion and risk from past government connections.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee by reason of political opinion.

Orders

  • Claim for refugee protection allowed; claimant declared a Convention refugee.