MA4-07627

MA4-07627

On the evidence of membership, training, family connection, admitted contact with militia elements and contemporaneous documentary evidence of systematic police and militia abuses, the panel found the claimant had knowledge of the crimes and shared the common criminal purpose; accordingly he is excluded from refugee protection under Article 1F(a) and 1F(c) as reflected in section 98 of the Act.

Citation
MA4-07627
Parties
Claimant: XXXXX XXXXX; Intervenor/respondent: Minister of Citizenship and Immigration (intervenor); Adjudicator: José Wa Tshisungu Tshisungu; Government Official (filing of Documents): Refugee Protection Officer
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2006
Procedural Posture
Refugee Protection With Minister's Intervention Seeking Exclusion / Hearing and Decision by Refugee Protection Division (final Decision)
Outcome
Claimant excluded from refugee protection; exclusion declared under Article 1F(a) and 1F(c) (section 98 of the Immigration and Refugee Protection Act)
Legal Topics
Exclusion Under Article 1 F, Complicity in Crimes Against Humanity, Knowledge and Common Purpose, Minister's Intervention, Evidence Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law International Law Exclusion Under Article 1 F Complicity in Crimes Against Humanity Knowledge and Common Purpose Minister's Intervention +1 more

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Parties

XXXXX XXXXX

Claimant

Minister of Citizenship and Immigration (intervenor)

Intervenor/respondent

José Wa Tshisungu Tshisungu

Adjudicator

Refugee Protection Officer

Government Official (filing of Documents)

Procedural Posture

Refugee Protection With Minister's Intervention Seeking Exclusion / Hearing and Decision by Refugee Protection Division (final Decision)

Legal Issues

  1. 1 Whether the claimant participated in or was complicit in crimes against humanity or acts contrary to the purposes and principles of the United Nations
  2. 2 Whether the claimant had the requisite knowledge of crimes and shared a common purpose with perpetrators
  3. 3 Whether the claimant is excluded under Article 1F(a) and 1F(c) as reflected in section 98 of the Immigration and Refugee Protection Act

Ratio Decidendi

On the evidence of membership, training, family connection, admitted contact with militia elements and contemporaneous documentary evidence of systematic police and militia abuses, the panel found the claimant had knowledge of the crimes and shared the common criminal purpose; accordingly he is excluded from refugee protection under Article 1F(a) and 1F(c) as reflected in section 98 of the Act.

Court Disposition

Claimant excluded from refugee protection; exclusion declared under Article 1F(a) and 1F(c) (section 98 of the Immigration and Refugee Protection Act)

Orders

  • Exclusion from the refugee protection system declared; claim dismissed