MA8-10787

MA8-10787

The panel found the Burundian army committed crimes against humanity over successive periods and concluded the male claimant, by virtue of his lengthy service and senior rank, his awareness of those crimes and his failure to dissociate earlier, satisfied the threshold for serious reasons to consider complicity under Article 1F; therefore he is excluded from refugee protection. The female claimants demonstrated a well-founded fear based on political opinion and membership of a particular social group (family) and were recognized as Convention refugees.

Citation
MA8-10787
Parties
Claimant: XXX XXXXXXX; Claimant: XXXX XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 June 2010
Procedural Posture
Refugee Protection / Decision After Hearing
Outcome
Male claimant excluded from refugee protection under Article 1F; female claimants recognized as Convention refugees
Legal Topics
Refugee Status, Exclusion (article 1 F), Crimes Against Humanity, Complicity, Political Opinion, Particular Social Group, State Protection
Source Language
English
Immigration and Refugee Law International Humanitarian Law Human Rights Administrative Law Refugee Status Exclusion (article 1 F) Crimes Against Humanity Complicity +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

XXX XXXXXXX

Claimant

XXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection / Decision After Hearing

Legal Issues

  1. 1 Whether the male claimant is excluded under Article 1F of the Refugee Convention for crimes against humanity or acts contrary to the purposes and principles of the United Nations
  2. 2 Whether the claimants have a well-founded fear of persecution based on political opinion and membership of a particular social group
  3. 3 Whether the male claimant knew of and was complicit in crimes committed by the Burundian army given his rank and service

Ratio Decidendi

The panel found the Burundian army committed crimes against humanity over successive periods and concluded the male claimant, by virtue of his lengthy service and senior rank, his awareness of those crimes and his failure to dissociate earlier, satisfied the threshold for serious reasons to consider complicity under Article 1F; therefore he is excluded from refugee protection. The female claimants demonstrated a well-founded fear based on political opinion and membership of a particular social group (family) and were recognized as Convention refugees.

Court Disposition

Male claimant excluded from refugee protection under Article 1F; female claimants recognized as Convention refugees