MA8-07064

MA8-07064

Although the Burundian army and security forces committed crimes against humanity during the relevant period, the Minister failed to establish serious reasons to consider the claimant complicit because there was no evidence of the claimant's personal and knowing participation or shared common purpose with the perpetrators; consequently exclusion was dismissed but the claimant's refugee claim was rejected for lack of credibility and failure to establish persecution or need for protection.

Citation
MA8-07064
Parties
Claimant: XXXXX XXXXX; Intervener: Minister of Public Safety
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 May 2011
Procedural Posture
Refugee Protection and Exclusion Under IRPA / Hearing and Final Decision (refugee Protection Division)
Outcome
Minister's exclusion application dismissed; refugee protection claim denied; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Exclusion Under Article 1 F, Complicity and Mens Rea, Crimes Against Humanity, Credibility Assessment, Particular Social Group
Source Language
English
Immigration Refugee Law International Criminal Law Administrative Law Human Rights Exclusion Under Article 1 F Complicity and Mens Rea Crimes Against Humanity +2 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister of Public Safety

Intervener

Procedural Posture

Refugee Protection and Exclusion Under IRPA / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether there are serious reasons to exclude the claimant under s.98 IRPA (Article 1F(a) and (c))
  2. 2 Whether the claimant was complicit in crimes against humanity through personal and knowing participation or a shared common purpose
  3. 3 Whether the claimant qualifies as a Convention refugee or person in need of protection

Ratio Decidendi

Although the Burundian army and security forces committed crimes against humanity during the relevant period, the Minister failed to establish serious reasons to consider the claimant complicit because there was no evidence of the claimant's personal and knowing participation or shared common purpose with the perpetrators; consequently exclusion was dismissed but the claimant's refugee claim was rejected for lack of credibility and failure to establish persecution or need for protection.

Court Disposition

Minister's exclusion application dismissed; refugee protection claim denied; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Exclusion application dismissed; refugee claim rejected; no protection granted