MC0-09468

MC0-09468

Applying Ezokola, the RPD properly assessed the context, documentary evidence and testimony and reasonably concluded that the appellant's duties (surveillance, patrolling, intelligence gathering) for the national documentation/national intelligence service between 1990 and 2006 constituted voluntary, knowing and significant contributions to the organization's commission of torture and murder; accordingly there were serious reasons for considering him excluded under s.98 IRPA, and the RAD will not overturn that conclusion.

Citation
MC0-09468
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety and Emergency Preparedness
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 May 2021
Procedural Posture
Refugee Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed; appellant excluded under section 98 of the IRPA
Legal Topics
Exclusion Under Article 1 F, Complicity in Crimes Against Humanity, Ezokola Framework, Evidence Assessment, Standard of Proof
Source Language
English
Immigration and Refugee Law International Criminal Law Human Rights Administrative Law Exclusion Under Article 1 F Complicity in Crimes Against Humanity Ezokola Framework Evidence Assessment +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness

Intervener

Procedural Posture

Refugee Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in failing to consider all evidence about the national documentation / national intelligence service (1990–2006)
  2. 2 Whether the RPD misapplied Ezokola and relied on guilt by association
  3. 3 Whether the appellant voluntarily made a knowing and significant contribution to crimes against humanity through his duties

Ratio Decidendi

Applying Ezokola, the RPD properly assessed the context, documentary evidence and testimony and reasonably concluded that the appellant's duties (surveillance, patrolling, intelligence gathering) for the national documentation/national intelligence service between 1990 and 2006 constituted voluntary, knowing and significant contributions to the organization's commission of torture and murder; accordingly there were serious reasons for considering him excluded under s.98 IRPA, and the RAD will not overturn that conclusion.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant excluded under section 98 of the IRPA

Orders

  • Appeal dismissed; RPD determination that the appellant is excluded under section 98 of the IRPA is confirmed