MA9-10705

MA9-10705

On the balance of probabilities the panel found the claimant was a member of the VSN for the relevant period and failed to rebut the presumption of complicity by reference to the six-factor test; therefore there are serious reasons to believe he committed or was complicit in crimes against humanity and he is excluded under Article 1F(a) of the 1951 Convention and s.98 IRPA.

Citation
MA9-10705
Parties
Claimant: XXXX XXXX; Minister / Intervener: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2012
Procedural Posture
Refugee Protection Claim Exclusion Redetermination / De Novo Hearing on Exclusion Following Federal Court Remittal
Outcome
Claimant excluded from Convention protection and claim for refugee protection rejected
Legal Topics
Exclusion Under Article 1 F, Crimes Against Humanity, Membership in Paramilitary Organization, Complicity, Burden of Proof, Credibility Assessment, Judicial Review
Source Language
English
Immigration Law Refugee Law International Law Human Rights Criminal Law Exclusion Under Article 1 F Crimes Against Humanity Membership in Paramilitary Organization +4 more

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Parties

XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Minister / Intervener

Procedural Posture

Refugee Protection Claim Exclusion Redetermination / De Novo Hearing on Exclusion Following Federal Court Remittal

Legal Issues

  1. 1 Whether the claimant was a member of the Volontaires de la Sécurité nationale (VSN)
  2. 2 Whether membership and conduct trigger exclusion under Article 1F(a) and (c) of the 1951 Refugee Convention
  3. 3 Whether the presumption of complicity arising from membership was rebutted by the claimant using the six-factor test

Ratio Decidendi

On the balance of probabilities the panel found the claimant was a member of the VSN for the relevant period and failed to rebut the presumption of complicity by reference to the six-factor test; therefore there are serious reasons to believe he committed or was complicit in crimes against humanity and he is excluded under Article 1F(a) of the 1951 Convention and s.98 IRPA.

Court Disposition

Claimant excluded from Convention protection and claim for refugee protection rejected

Orders

  • Claimant excluded under Article 1F(a) of the 1951 Convention and section 98 of the Immigration and Refugee Protection Act
  • Claim for refugee protection rejected