TA2-15644

TA2-15644

Given documentary evidence of systemic atrocities by the Colombian army and the claimant's voluntary service as a sub‑lieutenant commanding a 30‑man counter‑insurgency unit in documented high‑conflict 'red zones', the claimant knowingly contributed to the army's persecutorial activities and did not disassociate early; therefore there are serious reasons for considering he was complicit in crimes against humanity and he is excluded under Article 1F(a)/s.98 IRPA.

Citation
TA2-15644
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister; Refugee Protection Officer: Refugee Protection Officer; Presiding Member: George A. Griffith
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 April 2004
Procedural Posture
Refugee Protection Claim (exclusion Under Article 1 F(a)) / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant excluded from Convention refugee protection under Article 1F(a) and s.98 IRPA
Legal Topics
Exclusion Clause, Article 1 F(a), Crimes Against Humanity, Accomplice Liability, Burden of Proof, Credibility and Plausibility
Source Language
English
Immigration Law Refugee Law International Criminal Law Human Rights Law Exclusion Clause Article 1 F(a) Crimes Against Humanity Accomplice Liability +2 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Refugee Protection Officer

Refugee Protection Officer

George A. Griffith

Presiding Member

Procedural Posture

Refugee Protection Claim (exclusion Under Article 1 F(a)) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is excluded under Article 1F(a) and s.98 IRPA for crimes against humanity due to complicity
  2. 2 Whether claimant had the requisite personal and knowing participation or contribution to atrocities committed by the Colombian armed forces
  3. 3 Whether claimant's testimony is credible and whether documentary evidence of systemic abuses applies to his role

Ratio Decidendi

Given documentary evidence of systemic atrocities by the Colombian army and the claimant's voluntary service as a sub‑lieutenant commanding a 30‑man counter‑insurgency unit in documented high‑conflict 'red zones', the claimant knowingly contributed to the army's persecutorial activities and did not disassociate early; therefore there are serious reasons for considering he was complicit in crimes against humanity and he is excluded under Article 1F(a)/s.98 IRPA.

Court Disposition

Claim dismissed; claimant excluded from Convention refugee protection under Article 1F(a) and s.98 IRPA

Orders

  • Claimant excluded from Convention refugee protection under Article 1F(a) and s.98 IRPA; refugee claim rejected