MA3-03847

MA3-03847

On the balance of probabilities the claimant was an active MQM member who occupied an organizational post, provided financial support and had knowledge of and contribution to violent acts by the MQM, an organization shown to have committed crimes against humanity; therefore there are serious reasons for considering him complicit and he is excluded from Convention refugee status under Article 1F(a) and from protection under 1F(c) and corresponding IRPA provisions.

Citation
MA3-03847
Parties
Claimant: XXXXXXXX; Respondent: Refugee Protection Officer Susan Kravitz; Intervenor/minister's Counsel: Minister's Counsel Claude Beaupré
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 May 2005
Procedural Posture
Refugee Protection Claim Exclusion Under Convention Article 1 F / Final Decision After Hearing
Outcome
Claimant excluded from Convention refugee status under Article 1F(a) and 1F(c); not a person in need of protection under IRPA
Legal Topics
Exclusion Clause Article 1 F(a), Exclusion Clause Article 1 F(c), Crimes Against Humanity, Membership of Violent/terrorist Organization, Credibility and Dissociation
Source Language
English
Immigration Refugee Law International Law Human Rights Criminal Law Exclusion Clause Article 1 F(a) Exclusion Clause Article 1 F(c) Crimes Against Humanity +2 more

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Parties

XXXXXXXX

Claimant

Refugee Protection Officer Susan Kravitz

Respondent

Minister's Counsel Claude Beaupré

Intervenor/minister's Counsel

Procedural Posture

Refugee Protection Claim Exclusion Under Convention Article 1 F / Final Decision After Hearing

Legal Issues

  1. 1 Whether the claimant was a member of the MQM
  2. 2 Whether the MQM committed crimes against humanity and acts contrary to UN purposes
  3. 3 Whether the claimant had personal and knowing participation or was complicit in those crimes such that Article 1F(a) excludes him

Ratio Decidendi

On the balance of probabilities the claimant was an active MQM member who occupied an organizational post, provided financial support and had knowledge of and contribution to violent acts by the MQM, an organization shown to have committed crimes against humanity; therefore there are serious reasons for considering him complicit and he is excluded from Convention refugee status under Article 1F(a) and from protection under 1F(c) and corresponding IRPA provisions.

Court Disposition

Claimant excluded from Convention refugee status under Article 1F(a) and 1F(c); not a person in need of protection under IRPA

Orders

  • Claim dismissed on grounds of exclusion; no refugee protection granted