VB7-02709

VB7-02709

On the evidence, including the claimant's role collecting sensitive intelligence on journalists within a systemic state campaign of persecution, and applying the Ezokola three-part test, there are serious reasons to consider the principal claimant voluntarily made a significant and knowing contribution to crimes against humanity; he is therefore excluded under Article 1F(a). Independently, the Tribunal found the claimants lacked credibility and did not establish on the balance of probabilities a personalized risk under s.96 or s.97, so all claims were refused.

Citation
VB7-02709
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Associate Claimants (family): Associate claimants; Respondent: Minister; Decision Maker: Refugee Protection Division (Chad Prowse)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 June 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act Including Article 1 F(a) Exclusion and S.97 Protection Claim / Final Decision and Reasons by Refugee Protection Division
Outcome
Principal claimant excluded under Article 1F(a) of the Refugee Convention; all claimants' refugee claims and protection claims refused (not Convention refugees nor persons in need of protection).
Legal Topics
Article 1 F(a) Exclusion, Crimes Against Humanity, Complicity/ezokola Test, Credibility Findings, Section 97(1) Protection Assessment
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Article 1 F(a) Exclusion Crimes Against Humanity Complicity/ezokola Test Credibility Findings +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

Associate claimants

Associate Claimants (family)

Minister

Respondent

Refugee Protection Division (Chad Prowse)

Decision Maker

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act Including Article 1 F(a) Exclusion and S.97 Protection Claim / Final Decision and Reasons by Refugee Protection Division

Legal Issues

  1. 1 Whether there are serious reasons for considering the principal claimant is excluded under Article 1F(a) for complicity in crimes against humanity
  2. 2 Whether the principal and associate claimants meet the definition of Convention refugee under s.96 IRPA
  3. 3 Whether the claimants meet the test for protection under s.97(1) IRPA

Ratio Decidendi

On the evidence, including the claimant's role collecting sensitive intelligence on journalists within a systemic state campaign of persecution, and applying the Ezokola three-part test, there are serious reasons to consider the principal claimant voluntarily made a significant and knowing contribution to crimes against humanity; he is therefore excluded under Article 1F(a). Independently, the Tribunal found the claimants lacked credibility and did not establish on the balance of probabilities a personalized risk under s.96 or s.97, so all claims were refused.

Court Disposition

Principal claimant excluded under Article 1F(a) of the Refugee Convention; all claimants' refugee claims and protection claims refused (not Convention refugees nor persons in need of protection).

Orders

  • Refusal of claims: The claimants are neither Convention refugees nor persons in need of protection; exclusion of principal claimant under Article 1F(a) of the Refugee Convention.