VA7-00522

VA7-00522

Panel found Minister proved withholding of material facts (military service, employment in Vukovar, residency) such that s.109(1) was satisfied; panel found Minister failed to establish 'serious reasons to consider' war crimes/exclusion under Article 1F because primary evidence supporting exclusion consisted of inconsistent, untested written in‑absentia witness statements with procedural irregularities and redactions, while viva voce witnesses (Bosanac, protected witness #1) and Respondent were credible; under s.109(2) the panel concluded there was sufficient untainted evidence at the time of the 1994 decision (notably risk arising from mixed marriage) to justify refugee protection;...

Citation
VA7-00522
Parties
Respondent/claimant: Josip Budimcic; Applicant/minister: Minister of Public Safety and Emergency Preparedness; Panel/tribunal: Immigration and Refugee Board - Refugee Protection Division
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 November 2008
Procedural Posture
Vacation Application Under S.109 IRPA to Vacate Prior Convention Refugee Determination / Decision After Oral Hearing and Evidentiary Review
Outcome
Application dismissed; prior determination of Convention refugee status (November 9, 1994) remains in force.
Legal Topics
Vacation of Refugee Determination, Misrepresentation and Withholding of Material Facts, Exclusion Under Article 1 F(a) and 1 F(b), S.109(1) and S.109(2) IRPA Analysis, In Absentia Convictions, Credibility and Evidence Weighting, Public Hearing and Witness Protection
Source Language
English
Immigration Law Refugee Law International Humanitarian Law Criminal Law Administrative Law Vacation of Refugee Determination Misrepresentation and Withholding of Material Facts Exclusion Under Article 1 F(a) and 1 F(b) +4 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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Josip Budimcic

Respondent/claimant

Minister of Public Safety and Emergency Preparedness

Applicant/minister

Immigration and Refugee Board - Refugee Protection Division

Panel/tribunal

Procedural Posture

Vacation Application Under S.109 IRPA to Vacate Prior Convention Refugee Determination / Decision After Oral Hearing and Evidentiary Review

Legal Issues

  1. 1 Whether the Respondent directly or indirectly misrepresented or withheld material facts relating to his application (s.109(1) IRPA)
  2. 2 Whether there are serious reasons to consider the Respondent committed war crimes or crimes against humanity or serious non‑political crimes (Article 1F(a) and 1F(b) Convention)
  3. 3 Whether there was other sufficient untainted evidence at the time of the original determination to justify refugee protection (s.109(2) IRPA)

Ratio Decidendi

Panel found Minister proved withholding of material facts (military service, employment in Vukovar, residency) such that s.109(1) was satisfied; panel found Minister failed to establish 'serious reasons to consider' war crimes/exclusion under Article 1F because primary evidence supporting exclusion consisted of inconsistent, untested written in‑absentia witness statements with procedural irregularities and redactions, while viva voce witnesses (Bosanac, protected witness #1) and Respondent were credible; under s.109(2) the panel concluded there was sufficient untainted evidence at the time of the 1994 decision (notably risk arising from mixed marriage) to justify refugee protection;...

Court Disposition

Application dismissed; prior determination of Convention refugee status (November 9, 1994) remains in force.

Orders

  • Application by Minister to vacate refugee determination dismissed
  • Prior determination of Convention refugee status stands