MA4-05824

MA4-05824

The panel found that the claimant, by voluntarily holding a long-term and privileged position in the FMLN with access to sensitive information, had knowledge of systematic human rights abuses and shared the organization's common purpose to obtain power through violence; she never effectively dissociated, so she is complicit and excluded from refugee protection under Article 1F.

Citation
MA4-05824
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX XXXXX; Minister's Counsel: Leveillée; Refugee Protection Officer: Donna Ramacieri; Panel Chair: José wa Tshisungu Tshisungu
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 January 2007
Procedural Posture
Refugee Exclusion Under Article 1 F of the Refugee Convention / IRPA Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claimant excluded from refugee protection.
Legal Topics
Exclusion Clauses (article 1 F), Complicity/shared Common Purpose, Knowledge of Human Rights Abuses, Membership in an Armed or Political Group, Dissociation
Source Language
English
Immigration Law Refugee Law International Human Rights Law Criminal Law (complicity) Exclusion Clauses (article 1 F) Complicity/shared Common Purpose Knowledge of Human Rights Abuses Membership in an Armed or Political Group +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX XXXXX

Claimant

Leveillée

Minister's Counsel

Donna Ramacieri

Refugee Protection Officer

José wa Tshisungu Tshisungu

Panel Chair

Procedural Posture

Refugee Exclusion Under Article 1 F of the Refugee Convention / IRPA Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is excluded from refugee protection under Article 1F(a) and (c) of the Refugee Convention
  2. 2 Whether the claimant had knowledge of human rights abuses committed by the FMLN
  3. 3 Whether the claimant shared the common purpose of perpetrators so as to be complicit

Ratio Decidendi

The panel found that the claimant, by voluntarily holding a long-term and privileged position in the FMLN with access to sensitive information, had knowledge of systematic human rights abuses and shared the organization's common purpose to obtain power through violence; she never effectively dissociated, so she is complicit and excluded from refugee protection under Article 1F.

Court Disposition

Claimant excluded from refugee protection.