TA4-17152

TA4-17152

The male claimant is excluded under Article 1F(a) because the PNP committed crimes against humanity and there are serious reasons for considering the claimant was complicit: he participated in arrests of terror suspects, was aware or should have been aware of the fate of detainees, and failed to dissociate at the earliest safe opportunity. The female claimant is accepted as a Convention refugee because her conversion to Christianity and status as a wartime sexual‑violence survivor place her at serious risk of persecution on a Convention ground and she cannot reasonably obtain state protection or relocate internally. The three minor claimants are not refugees nor in need of protection...

Citation
TA4-17152
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX (XXXXX); Minor Claimant: XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX; Designated Representative: XXXXX XXXXX XXXXX XXXXX; Counsel for Minister: Heather Pearson; Counsel for Claimant: D. Wroblewski; Panel: William T. Short; Tribunal Officer: S. Golden
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 January 2008
Procedural Posture
Refugee Protection (irpa) / Hearing (de Novo) and Decision on Exclusion and Refugee Status
Outcome
Male claimant excluded and refugee claim rejected (Article 1F(a)); Female claimant accepted as Convention refugee; Three minor claimants rejected as neither Convention refugees nor persons in need of protection under s.97(1) IRPA
Legal Topics
Exclusion Under Article 1 F(a), Crimes Against Humanity, Convention Refugee Determination, Gender Based Persecution, Citizenship and Identity
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Exclusion Under Article 1 F(a) Crimes Against Humanity Convention Refugee Determination Gender Based Persecution +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX (XXXXX)

Claimant

XXXXX XXXXX XXXXX

Minor Claimant

XXXXX XXXXX

Minor Claimant

XXXXX XXXXX XXXXX XXXXX

Designated Representative

Heather Pearson

Counsel for Minister

D. Wroblewski

Counsel for Claimant

William T. Short

Panel

S. Golden

Tribunal Officer

Procedural Posture

Refugee Protection (irpa) / Hearing (de Novo) and Decision on Exclusion and Refugee Status

Legal Issues

  1. 1 Whether there are serious reasons for considering the male claimant committed crimes against humanity and is excluded under Article 1F(a)
  2. 2 Whether the female claimant qualifies as a Convention refugee based on religion and gender-related persecution
  3. 3 Whether the three minor claimants are Convention refugees or persons in need of protection

Ratio Decidendi

The male claimant is excluded under Article 1F(a) because the PNP committed crimes against humanity and there are serious reasons for considering the claimant was complicit: he participated in arrests of terror suspects, was aware or should have been aware of the fate of detainees, and failed to dissociate at the earliest safe opportunity. The female claimant is accepted as a Convention refugee because her conversion to Christianity and status as a wartime sexual‑violence survivor place her at serious risk of persecution on a Convention ground and she cannot reasonably obtain state protection or relocate internally. The three minor claimants are not refugees nor in need of protection...

Court Disposition

Male claimant excluded and refugee claim rejected (Article 1F(a)); Female claimant accepted as Convention refugee; Three minor claimants rejected as neither Convention refugees nor persons in need of protection under s.97(1) IRPA

Orders

  • Reject refugee claim of XXXXX XXXXX XXXXX XXXXX; exclude from refugee protection under Article 1F(a) and s.98 IRPA
  • Accept refugee claim of XXXXX XXXXX (XXXXX) and recognize as Convention refugee