MA2-02646

MA2-02646

The panel excluded the claimant because documentary evidence established that the Peruvian National Police committed crimes against humanity during the claimant's period of service, and applying the Ramirez criteria the claimant's long voluntary service, rank, variety of positions, implausible account minimizing his role and inability to credibly deny knowledge provide serious reasons for considering he was complicit in those crimes, making him excludable under Articles 1F(a) and 1F(c).

Citation
MA2-02646
Parties
Claimant: XXXXXXXXXXXXXXXX; Minister's Counsel: R. Godoy; Refugee Protection Officer: Lainie Wieskopf; Panel: Joulekhan Pirbay
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 August 2003
Procedural Posture
Refugee Protection / Decision (exclusion)
Outcome
Claim rejected; claimant excluded from refugee protection
Legal Topics
Exclusion Under Article 1 F, Crimes Against Humanity, Credibility Assessment, Particular Social Group (family), Protection Needs
Source Language
English
Immigration Law Refugee Law Human Rights Law International Criminal Law Exclusion Under Article 1 F Crimes Against Humanity Credibility Assessment Particular Social Group (family) +1 more

Case Brief

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Parties

XXXXXXXXXXXXXXXX

Claimant

R. Godoy

Minister's Counsel

Lainie Wieskopf

Refugee Protection Officer

Joulekhan Pirbay

Panel

Procedural Posture

Refugee Protection / Decision (exclusion)

Legal Issues

  1. 1 Whether the claimant is credible
  2. 2 Whether there are serious reasons for considering the claimant complicit in crimes against humanity such that exclusion under Article 1F(a) and 1F(c) applies
  3. 3 Whether the claimant is a person in need of protection

Ratio Decidendi

The panel excluded the claimant because documentary evidence established that the Peruvian National Police committed crimes against humanity during the claimant's period of service, and applying the Ramirez criteria the claimant's long voluntary service, rank, variety of positions, implausible account minimizing his role and inability to credibly deny knowledge provide serious reasons for considering he was complicit in those crimes, making him excludable under Articles 1F(a) and 1F(c).

Court Disposition

Claim rejected; claimant excluded from refugee protection

Orders

  • Claim for refugee protection rejected
  • Claimant excluded under Articles 1F(a) and 1F(c) of the 1951 Convention