MA7-08622

MA7-08622

The panel found that between 1994 and 1995 the LTTE committed crimes against humanity and had a limited brutal purpose, and that the claimant, as an employee in an LTTE camp who was paid, promoted, responsible for personnel and aware of LTTE atrocities, voluntarily and knowingly continued to associate and thereby was complicit in those crimes; the Minister met the 'serious reasons for considering' standard and the claimant is excluded under Article 1F(a) and s98 of the Act, so the refugee claim is rejected.

Citation
MA7-08622
Parties
Claimant: XXXXXX XXXXXXX; Respondent (intervener): Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 September 2010
Procedural Posture
Refugee Protection Claim With Exclusion Hearing Under Article 1 F / Decision on Exclusion (final Determination)
Outcome
Claimant excluded under Article 1F(a) of the Refugee Convention and denied refugee protection under section 98 of the Immigration and Refugee Protection Act; claim rejected.
Legal Topics
Refugee Exclusion (article 1 F), Crimes Against Humanity, Complicity and Membership in Armed Group, Forced Recruitment and Duress, Minister's Intervention, Standards of Proof
Source Language
English
Immigration Law International Law Human Rights Law Criminal Law Refugee Exclusion (article 1 F) Crimes Against Humanity Complicity and Membership in Armed Group Forced Recruitment and Duress +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

XXXXXX XXXXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Respondent (intervener)

Procedural Posture

Refugee Protection Claim With Exclusion Hearing Under Article 1 F / Decision on Exclusion (final Determination)

Legal Issues

  1. 1 Whether the claimant is excluded under Article 1F(a) of the Refugee Convention
  2. 2 Whether the claimant was complicit in crimes against humanity by virtue of his role with the LTTE between 1992-1995
  3. 3 Whether alleged coercion/duress negates personal and knowing participation

Ratio Decidendi

The panel found that between 1994 and 1995 the LTTE committed crimes against humanity and had a limited brutal purpose, and that the claimant, as an employee in an LTTE camp who was paid, promoted, responsible for personnel and aware of LTTE atrocities, voluntarily and knowingly continued to associate and thereby was complicit in those crimes; the Minister met the 'serious reasons for considering' standard and the claimant is excluded under Article 1F(a) and s98 of the Act, so the refugee claim is rejected.

Court Disposition

Claimant excluded under Article 1F(a) of the Refugee Convention and denied refugee protection under section 98 of the Immigration and Refugee Protection Act; claim rejected.

Orders

  • Claim for refugee protection by XXXXXX XXXXXXX is rejected.
  • Claimant declared a person referred to in Article 1F(a) of the Refugee Convention and excluded under section 98 of the Act.