MA6-00338

MA6-00338

The Tribunal found on the documentary record that the Awami League committed acts contrary to the purposes and principles of the United Nations during 1996–2005 (torture, extrajudicial killings, organized political violence) and that the claimant, by virtue of sustained leadership activity (Publicity Secretary), weekly activism for nine years, knowledge or wilful blindness to those abuses, and failure to dissociate or prevent them, knowingly lent active support and was complicit; therefore there are serious reasons to consider Article 1F(c) exclusion applicable and the claimant is excluded from refugee protection under section 98 IRPA.

Citation
MA6-00338
Parties
Claimant: XXXXX XXXXX; Intervenor/minister: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 May 2009
Procedural Posture
Refugee Protection Claim With Minister's Intervention Seeking Exclusion Under Article 1 F(c) of the Refugee Convention and Section 98 IRPA / Hearing and Decision (refugee Protection Division Decision)
Outcome
Excluded from refugee protection under Article 1F(c) of the Refugee Convention; claim refused pursuant to section 98 IRPA.
Legal Topics
Exclusion Clause Article 1 F(c), Acts Contrary to the Purposes and Principles of the United Nations, Complicity/accomplice Liability, Minister's Intervention, Credibility and Voluntary Blindness, Political Activity and Human Rights Abuses
Source Language
English
Immigration Law Refugee Law International Law Human Rights Law Exclusion Clause Article 1 F(c) Acts Contrary to the Purposes and Principles of the United Nations Complicity/accomplice Liability Minister's Intervention +2 more

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Parties

XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor/minister

Procedural Posture

Refugee Protection Claim With Minister's Intervention Seeking Exclusion Under Article 1 F(c) of the Refugee Convention and Section 98 IRPA / Hearing and Decision (refugee Protection Division Decision)

Legal Issues

  1. 1 Whether the Awami League committed acts contrary to the purposes and principles of the United Nations from 1996 to 2005
  2. 2 Whether the claimant knowingly participated or was complicit in those acts such that Article 1F(c) exclusion applies
  3. 3 Whether the claimant dissociated or took steps to prevent abuses

Ratio Decidendi

The Tribunal found on the documentary record that the Awami League committed acts contrary to the purposes and principles of the United Nations during 1996–2005 (torture, extrajudicial killings, organized political violence) and that the claimant, by virtue of sustained leadership activity (Publicity Secretary), weekly activism for nine years, knowledge or wilful blindness to those abuses, and failure to dissociate or prevent them, knowingly lent active support and was complicit; therefore there are serious reasons to consider Article 1F(c) exclusion applicable and the claimant is excluded from refugee protection under section 98 IRPA.

Court Disposition

Excluded from refugee protection under Article 1F(c) of the Refugee Convention; claim refused pursuant to section 98 IRPA.

Orders

  • Claimant is not a Convention refugee and not a person in need of protection pursuant to section 98 of the Immigration and Refugee Protection Act; claim refused.