TB1-00275

TB1-00275

On a balance of probabilities the Ethiopian government committed crimes against humanity during the claimant's period of service; the claimant, by serving in senior diplomatic positions for many years with knowledge of the crimes, opportunities to leave, and by advancing government interests, is complicit within Article 1F(a) and s.98 IRPA and is therefore excluded from refugee protection; however the joined family members qualify as Convention refugees sur place due to well-founded fear and lack of state protection.

Citation
TB1-00275
Parties
Principal Claimant: XXXXXXXXXXXXXXXXX; Joined Claimant Spouse: XXXXXXXXXXXXXX; Joined Claimant Child: XXXXXXXXXXXXXXXX; Joined Claimant Child: XXXXXXXXXXXXXXXXX; Joined Claimant Child: XXXXXXXXXXXXXX; Designated Representative: XXXXXXXXXXXXXXXXX; Respondent: Minister of Public Safety
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 June 2012
Procedural Posture
Refugee Protection Exclusion and Convention Refugee Claims / Hearing and Final Decision (reasons and Decision)
Outcome
Principal claimant excluded from refugee protection; joined claimants accepted as Convention refugees sur place
Legal Topics
Exclusion Under Article 1 F(a), Crimes Against Humanity, Complicity, Refugee Sur Place, Well Founded Fear of Persecution, Senior Official Inadmissibility
Source Language
English
Immigration Law Refugee Law International Criminal Law Administrative Law Exclusion Under Article 1 F(a) Crimes Against Humanity Complicity Refugee Sur Place +2 more

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Parties

XXXXXXXXXXXXXXXXX

Principal Claimant

XXXXXXXXXXXXXX

Joined Claimant Spouse

XXXXXXXXXXXXXXXX

Joined Claimant Child

XXXXXXXXXXXXXXXXX

Joined Claimant Child

XXXXXXXXXXXXXX

Joined Claimant Child

XXXXXXXXXXXXXXXXX

Designated Representative

Minister of Public Safety

Respondent

Procedural Posture

Refugee Protection Exclusion and Convention Refugee Claims / Hearing and Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the Government of Ethiopia committed crimes against humanity during the PC's period of service
  2. 2 Whether the principal claimant is complicit in those crimes such that Article 1F(a) applies
  3. 3 Whether the joined claimants qualify as Convention refugees sur place

Ratio Decidendi

On a balance of probabilities the Ethiopian government committed crimes against humanity during the claimant's period of service; the claimant, by serving in senior diplomatic positions for many years with knowledge of the crimes, opportunities to leave, and by advancing government interests, is complicit within Article 1F(a) and s.98 IRPA and is therefore excluded from refugee protection; however the joined family members qualify as Convention refugees sur place due to well-founded fear and lack of state protection.

Court Disposition

Principal claimant excluded from refugee protection; joined claimants accepted as Convention refugees sur place

Orders

  • Principal claimant's claim rejected and excluded from refugee protection pursuant to Article 1F(a) of the Convention and s.98 of the IRPA
  • Joined claimants' claims accepted; joined claimants declared Convention refugees sur place