VA9-05522

VA9-05522

Crimes against humanity occurred in Sri Lanka during the claimant's service and there are serious reasons to believe the claimant was complicit: he volunteered and repeatedly re-enlisted, served as an officer with combat and specialist training, knowingly supported and participated in logistics/planning of operations that targeted civilians, and his credibility is undermined by material falsehoods and omissions; therefore he is excluded from refugee protection under Article 1F(a).

Citation
VA9-05522
Parties
Claimant: XXXX XXXX XXXX XXXX aka XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 February 2012
Procedural Posture
Refugee Protection Claim With Exclusion Issue Under Article 1 F(a) / Hearing and Decision on Exclusion (refugee Protection Division)
Outcome
Claimant excluded from refugee protection under Article 1F(a) of the Immigration and Refugee Protection Act; refugee claim rejected.
Legal Topics
Exclusion Article 1 F(a), Crimes Against Humanity, Complicity, Standard of Proof, Credibility Assessment
Source Language
English
Immigration and Refugee Protection International Criminal Law Human Rights Law Exclusion Article 1 F(a) Crimes Against Humanity Complicity Standard of Proof Credibility Assessment

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Parties

XXXX XXXX XXXX XXXX aka XXXX XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim With Exclusion Issue Under Article 1 F(a) / Hearing and Decision on Exclusion (refugee Protection Division)

Legal Issues

  1. 1 Whether crimes against humanity occurred in Sri Lanka during the claimant's military service
  2. 2 Whether there are serious reasons for considering the claimant complicit in those crimes
  3. 3 Whether the claimant's claimed desertion/resignation and fear of persecution are credible and sufficient to rebut exclusion

Ratio Decidendi

Crimes against humanity occurred in Sri Lanka during the claimant's service and there are serious reasons to believe the claimant was complicit: he volunteered and repeatedly re-enlisted, served as an officer with combat and specialist training, knowingly supported and participated in logistics/planning of operations that targeted civilians, and his credibility is undermined by material falsehoods and omissions; therefore he is excluded from refugee protection under Article 1F(a).

Court Disposition

Claimant excluded from refugee protection under Article 1F(a) of the Immigration and Refugee Protection Act; refugee claim rejected.