MA0-07137

MA0-07137

The panel found on documentary and testimonial evidence that the claimant, by virtue of his officer status in the USLA which formed part of the Securitate apparatus responsible for systematic repression, was complicit in crimes against humanity and is therefore excluded from refugee protection under articles 1F(a) and 1F(c) (IRPA s.98).

Citation
MA0-07137
Parties
Claimant: XXXXXXXXX; Respondent/immigration Minister: Minister; Refugee Protection Officer: Stephane Morin; Panel/tribunal: José wa Tshisungu Tshisungu
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 December 2003
Procedural Posture
Refugee Protection Exclusion Under IRPA Section 98 (articles 1 F(a) and 1 F(c)) / Decision of the Refugee Protection Division Following Hearings
Outcome
Claimant excluded under articles 1F(a) and 1F(c) of the Refugee Convention (IRPA s.98); cannot be a refugee or person in need of protection.
Legal Topics
Exclusion, Crimes Against Humanity, Political Opinion, Membership in Repressive Organizations
Source Language
English
Immigration and Refugee Law International Refugee Law Human Rights Law Exclusion Crimes Against Humanity Political Opinion Membership in Repressive Organizations

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXXXXXXX

Claimant

Minister

Respondent/immigration Minister

Stephane Morin

Refugee Protection Officer

José wa Tshisungu Tshisungu

Panel/tribunal

Procedural Posture

Refugee Protection Exclusion Under IRPA Section 98 (articles 1 F(a) and 1 F(c)) / Decision of the Refugee Protection Division Following Hearings

Legal Issues

  1. 1 Whether the claimant is excluded under article 1F(a) as having participated in crimes against humanity
  2. 2 Whether the claimant is excluded under article 1F(c) as being complicit in crimes against humanity
  3. 3 Whether membership and officer status in the USLA establishes a structural link to Securitate and knowledge of its criminal objectives

Ratio Decidendi

The panel found on documentary and testimonial evidence that the claimant, by virtue of his officer status in the USLA which formed part of the Securitate apparatus responsible for systematic repression, was complicit in crimes against humanity and is therefore excluded from refugee protection under articles 1F(a) and 1F(c) (IRPA s.98).

Court Disposition

Claimant excluded under articles 1F(a) and 1F(c) of the Refugee Convention (IRPA s.98); cannot be a refugee or person in need of protection.

Orders

  • Claimant is excluded under articles 1F(a) and 1F(c); refugee protection denied.