TA9-06348

TA9-06348

Applying the Ramirez six-factor test to documentary evidence of widespread, systematic human rights abuses by the Nepali Police and the claimant's rank, prolonged service in conflict districts, proximity to command, and failure to disassociate, the panel concluded there are serious reasons for considering the claimant complicit in crimes against humanity; therefore he is excluded under Article 1F(a).

Citation
TA9-06348
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2012
Procedural Posture
Refugee Protection Exclusion (article 1 F(a)) / Decision Issued (final)
Outcome
Claimant excluded under Article 1F(a) of the Refugee Convention; refugee protection claim denied.
Legal Topics
Exclusion (article 1 F(a)), Crimes Against Humanity, Complicity, Membership in Security Forces, Failure to Disassociate
Source Language
English
Immigration Refugee Law International Criminal Law Human Rights Exclusion (article 1 F(a)) Crimes Against Humanity Complicity Membership in Security Forces +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Exclusion (article 1 F(a)) / Decision Issued (final)

Legal Issues

  1. 1 Whether the claimant is excluded under Article 1F(a) of the Refugee Convention for crimes against humanity
  2. 2 Whether membership and rank in the Nepali Police force and related knowledge satisfy the mens rea and conduct elements for complicity
  3. 3 Whether the Ramirez six-factor test establishes complicity and failure to disassociate

Ratio Decidendi

Applying the Ramirez six-factor test to documentary evidence of widespread, systematic human rights abuses by the Nepali Police and the claimant's rank, prolonged service in conflict districts, proximity to command, and failure to disassociate, the panel concluded there are serious reasons for considering the claimant complicit in crimes against humanity; therefore he is excluded under Article 1F(a).

Court Disposition

Claimant excluded under Article 1F(a) of the Refugee Convention; refugee protection claim denied.

Orders

  • Claimant excluded under Article 1F(a) and refugee protection claim refused