VA5-01640

VA5-01640

Evidence did not establish serious reasons to consider the principal claimant had the required personal and knowing participation in war crimes or crimes against humanity (Article 1F(a)) nor that he committed acts contrary to UN purposes (Article 1F(c)); claimant credible; exclusion denied; claimant and immediate...

Source-derived case information.

Citation
VA5-01640
Parties
Applicant (principal Claimant): XXXXX XXXXX XXXXX; Associated Claimants (family): XXXXX XXXXX et al.; Respondent: Minister of Public Security and Emergency Preparedness; Designated Representative: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 July 2007
Procedural Posture
Refugee Protection – Exclusion and Inclusion (convention Refugee Determination) / Decision on Exclusion and Inclusion After Hearing
Outcome
Minister's application for exclusion under Articles 1F(a) and 1F(c) denied; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Exclusion Under Article 1 F, Complicity and Mens Rea, War Crimes, Crimes Against Humanity, Persecution, Gender Based Persecution, Internal Flight Alternative
Source Language
english
Immigration and Refugee Law International Humanitarian Law Criminal Law Human Rights Law Exclusion Under Article 1 F Complicity and Mens Rea War Crimes Crimes Against Humanity +3 more

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Summary, issues, holding and outcome

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Parties

XXXXX XXXXX XXXXX

Applicant (principal Claimant)

XXXXX XXXXX et al.

Associated Claimants (family)

Minister of Public Security and Emergency Preparedness

Respondent

XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection – Exclusion and Inclusion (convention Refugee Determination) / Decision on Exclusion and Inclusion After Hearing

Legal Issues

  1. 1 Whether there are serious reasons to consider the principal claimant complicit in war crimes or crimes against humanity under Article 1F(a)
  2. 2 Whether there are serious reasons to consider the principal claimant guilty of acts contrary to the purposes and principles of the United Nations under Article 1F(c)
  3. 3 Whether the claimant is credible and whether his family have a well-founded fear of persecution

Ratio Decidendi

Evidence did not establish serious reasons to consider the principal claimant had the required personal and knowing participation in war crimes or crimes against humanity (Article 1F(a)) nor that he committed acts contrary to UN purposes (Article 1F(c)); claimant credible; exclusion denied; claimant and immediate family are Convention refugees under section 96 because they face a well-founded fear of persecution on political opinion, membership in a particular social group and gender-related grounds and no reasonable internal flight alternative exists.

Court Disposition

Minister's application for exclusion under Articles 1F(a) and 1F(c) denied; claimants found to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Application to exclude principal claimant under Articles 1F(a) and 1F(c) denied
  • Principal claimant and listed family members recognized as Convention refugees under section 96 of the Immigration and Refugee Protection Act