TB1-07671

TB1-07671

The panel found the Principal Claimant's credibility materially impugned by inconsistencies, failure to produce his military book, and refusal/inability to explain service details; on the facts and applying the Ezokola factors the panel concluded he voluntarily made a significant and knowing contribution to the JNA's criminal conduct. Therefore there are serious reasons to consider him complicit and he is excluded under section 98 IRPA and Article 1F(a). The co-claimants' fears were not found objectively well-founded and there is no breach of section 97 on the balance of probabilities, so they do not qualify as Convention refugees or persons in need of protection.

Citation
TB1-07671
Parties
Principal Claimant: XXXX XXXX; Co Claimant (spouse): XXXX XXXX; First Minor Co Claimant: XXXX XXXX; Second Minor Co Claimant: XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration (Canada); Designated Representative: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 March 2014
Procedural Posture
Refugee Protection/exclusion Hearing Under IRPA / Final Decision on Exclusion and Inclusion (reasons and Decision)
Outcome
Claims dismissed. Principal Claimant excluded; co-claimants not found to be Convention refugees or persons in need of protection.
Legal Topics
Exclusion Under Article 1 F(a) of the Refugee Convention, Complicity and Contribution Based Liability (ezokola Factors), Credibility Assessment, State Protection and Country Conditions, Risk Under Section 97 IRPA
Source Language
English
Immigration Law Refugee Law International Criminal Law Administrative Law Exclusion Under Article 1 F(a) of the Refugee Convention Complicity and Contribution Based Liability (ezokola Factors) Credibility Assessment State Protection and Country Conditions +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Co Claimant (spouse)

XXXX XXXX

First Minor Co Claimant

XXXX XXXX

Second Minor Co Claimant

Minister of Citizenship and Immigration (Canada)

Respondent/minister

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection/exclusion Hearing Under IRPA / Final Decision on Exclusion and Inclusion (reasons and Decision)

Legal Issues

  1. 1 Whether there are serious reasons for considering the Principal Claimant committed or was complicit in war crimes or crimes against humanity such that he is excluded under Article 1F(a) and section 98 IRPA
  2. 2 Whether the co-claimants qualify as Convention refugees under section 96 or persons in need of protection under section 97 IRPA after exclusion of the Principal Claimant
  3. 3 Application of the Ezokola contribution-based approach to complicity and assessment of credibility

Ratio Decidendi

The panel found the Principal Claimant's credibility materially impugned by inconsistencies, failure to produce his military book, and refusal/inability to explain service details; on the facts and applying the Ezokola factors the panel concluded he voluntarily made a significant and knowing contribution to the JNA's criminal conduct. Therefore there are serious reasons to consider him complicit and he is excluded under section 98 IRPA and Article 1F(a). The co-claimants' fears were not found objectively well-founded and there is no breach of section 97 on the balance of probabilities, so they do not qualify as Convention refugees or persons in need of protection.

Court Disposition

Claims dismissed. Principal Claimant excluded; co-claimants not found to be Convention refugees or persons in need of protection.

Orders

  • Principal Claimant excluded pursuant to section 98 of the Immigration and Refugee Protection Act and Article 1F(a) of the Refugee Convention
  • Co-claimants found neither Convention refugees pursuant to section 96 nor persons in need of protection pursuant to section 97 of IRPA