TB2-15519

TB2-15519

The panel found that documentary evidence and the claimant's long voluntary service and seniority in Iran's National Police, combined with institutionalized cooperation between the police and other enforcement agencies that committed torture, enforced disappearances and other crimes against humanity, give rise to "serious reasons for considering" that the principal claimant personally made a voluntary, knowing and significant contribution to those crimes; accordingly the principal claimant is excluded from refugee protection under Article 1F(a) and s.98 IRPA. Separately, the panel found the claimants' evidence not credible and insufficient to establish a well-founded fear of persecution...

Citation
TB2-15519
Parties
Principal Claimant: XXXX XXXX XXXX; Co Claimant/spouse: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 January 2015
Procedural Posture
Refugee Protection Claim (irpa) / Decision on Exclusion and Inclusion (reasons and Decision Dated January 22, 2015)
Outcome
Claim denied; principal claimant excluded from refugee protection under Article 1F(a) of the 1951 Convention and s.98 IRPA; neither claimant found to be a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.
Legal Topics
Article 1 F(a) Exclusion, Crimes Against Humanity, Exclusion From Refugee Protection, Credibility Assessment, Inclusion as Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Refugee Law International Criminal Law Administrative Law Article 1 F(a) Exclusion Crimes Against Humanity Exclusion From Refugee Protection Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Co Claimant/spouse

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa) / Decision on Exclusion and Inclusion (reasons and Decision Dated January 22, 2015)

Legal Issues

  1. 1 Whether the principal claimant is excluded from refugee protection under Article 1F(a) of the 1951 Refugee Convention for committing crimes against humanity
  2. 2 Whether the claimant and co-claimant qualify as Convention refugees under s.96 IRPA or persons in need of protection under s.97(1) IRPA
  3. 3 Assessment of credibility and weight of documentary evidence vs testimony

Ratio Decidendi

The panel found that documentary evidence and the claimant's long voluntary service and seniority in Iran's National Police, combined with institutionalized cooperation between the police and other enforcement agencies that committed torture, enforced disappearances and other crimes against humanity, give rise to "serious reasons for considering" that the principal claimant personally made a voluntary, knowing and significant contribution to those crimes; accordingly the principal claimant is excluded from refugee protection under Article 1F(a) and s.98 IRPA. Separately, the panel found the claimants' evidence not credible and insufficient to establish a well-founded fear of persecution...

Court Disposition

Claim denied; principal claimant excluded from refugee protection under Article 1F(a) of the 1951 Convention and s.98 IRPA; neither claimant found to be a Convention refugee under s.96 IRPA nor a person in need of protection under s.97(1) IRPA.