MA8-06509

MA8-06509

The panel found the claimant not credible on key matters, accepted documentary evidence that Radio Rwanda became accomplice to genocide, and concluded there are serious reasons for considering the claimant, as a Radio Rwanda journalist broadcasting pro-government and inciting messages between April and July 1994, personally participated in and aided crimes against humanity; accordingly he is excluded under Article 1F(a) and s.98 IRPA and his refugee claim is dismissed.

Citation
MA8-06509
Parties
Claimant: XXXXXXXXXXXXX; Intervenor/respondent: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Refugee Protection Exclusion Hearing Under Article 1 F / Decision (refugee Protection Division Final Decision)
Outcome
Claim dismissed; claimant excluded from refugee protection under Article 1F(a) of the 1951 Refugee Convention and section 98 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion (article 1 F), Crimes Against Humanity, Complicity/accomplice Liability, Credibility Findings, Radio Propaganda/incitement
Source Language
English
Immigration Refugee Law International Criminal Law Human Rights Law Exclusion (article 1 F) Crimes Against Humanity Complicity/accomplice Liability Credibility Findings +1 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 8 Party arguments 2
Sign in to unlock

Parties

XXXXXXXXXXXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor/respondent

Procedural Posture

Refugee Protection Exclusion Hearing Under Article 1 F / Decision (refugee Protection Division Final Decision)

Legal Issues

  1. 1 Whether the claimant is excluded under Article 1F(a) and (c) for complicity in crimes against humanity
  2. 2 Whether Radio Rwanda became an accomplice to genocide and whether the claimant personally contributed to that complicity
  3. 3 Assessment of claimant's credibility including use of multiple names and inconsistent PIFs

Ratio Decidendi

The panel found the claimant not credible on key matters, accepted documentary evidence that Radio Rwanda became accomplice to genocide, and concluded there are serious reasons for considering the claimant, as a Radio Rwanda journalist broadcasting pro-government and inciting messages between April and July 1994, personally participated in and aided crimes against humanity; accordingly he is excluded under Article 1F(a) and s.98 IRPA and his refugee claim is dismissed.

Court Disposition

Claim dismissed; claimant excluded from refugee protection under Article 1F(a) of the 1951 Refugee Convention and section 98 of the Immigration and Refugee Protection Act.

Orders

  • Claim dismissed; exclusion applied under Article 1F(a) of the Refugee Convention and section 98 IRPA