MA6-01309

MA6-01309

Because the claimant was an employee of an organisation that systematically committed serious human rights violations and the evidence (including lengthy employment and inconsistent, minimising testimony) demonstrated sufficient knowledge and complicity, he is excluded from refugee protection pursuant to Article 1F(a) of the Convention.

Citation
MA6-01309
Parties
Claimant: XXXXX XXXXX XXXXX; Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 May 2008
Procedural Posture
Refugee Protection Claim With Exclusion Review / Determination Following Hearing
Outcome
Claimant excluded from refugee protection under Article 1F(a) of the 1951 Convention.
Legal Topics
Exclusion Under Article 1 F(a), Membership/complicity in Organisation Committing Serious Human Rights Violations, Credibility Findings, Imputed Political Opinion, Particular Social Group (sexual Orientation), Risk of Torture/cruel Treatment
Source Language
English
Immigration Law Refugee Law International Human Rights Law Exclusion Under Article 1 F(a) Membership/complicity in Organisation Committing Serious Human Rights Violations Credibility Findings Imputed Political Opinion Particular Social Group (sexual Orientation) +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Protection Claim With Exclusion Review / Determination Following Hearing

Legal Issues

  1. 1 Whether the claimant is excluded from refugee protection under Article 1F(a) of the 1951 Convention for having been an employee of an organisation that commits serious human rights violations
  2. 2 Whether the organisation qualifies as directed to a limited brutal purpose (crimes against humanity/war crimes)
  3. 3 Whether the claimant's role and knowledge make him complicit despite lack of direct perpetration

Ratio Decidendi

Because the claimant was an employee of an organisation that systematically committed serious human rights violations and the evidence (including lengthy employment and inconsistent, minimising testimony) demonstrated sufficient knowledge and complicity, he is excluded from refugee protection pursuant to Article 1F(a) of the Convention.

Court Disposition

Claimant excluded from refugee protection under Article 1F(a) of the 1951 Convention.

Orders

  • Claimant is not a Convention refugee.
  • Claimant is not a person in need of protection.