CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Yogo v. Canada (Minister of Citizenship and Immigration)
IMM-4151-99
2001 FCT 390, Hansen J.
26/4/01
10 pp.
Application for judicial review of IRB decision applicant excluded from definition of Convention refugee by reason of UN Convention Relating to Status of Refugees, Art. 1F(a): serious reasons to believe had committed crime against humanity--Applicant, citizen of Democratic Republic of the Congo, claiming fear of persecution by reason of membership in social group, judicial police officers and membership in Garde Civile, and by reason of relationship with son of deceased dictator Mobutu under Mobutu and Mouvement populaire de la révolution regime--Issue whether applicant complicit in commission of crimes against humanity perpetrated by President Mobutu's security apparatus--Key issue IRB's characterization of nature of organization with which applicant associated--Application allowed--Where, as here, no evidence of applicant's direct involvement in commission of crimes against humanity, characterization of nature of organization critical factor in finding of complicity--IRB herein characterized Mobutu's security service as principally directed to limited brutal purpose--Here, IRB did not point to evidence relied upon for such characterization--Documentary evidence herein does not support IRB's characterization of nature of organization--Accordingly, finding constituting reviewable error--Unclear whether IRB's finding of applicant's complicity based on operation of presumption and applicant's failure to rebut presumption because evidence disbelieved or whether personal and knowing participation inferred from IRB's analysis of other factors (method of recruitment, rank of applicant, knowledge of atrocities being committed, possibility of dissociating himself from organization, length of association with persecuting group)--Counsel for respondent acknowledged IRB erred in finding applicant voluntarily joined Garde Civile and continued his association for 4 years--Under these circumstances, and in absence of finding applicant was participant in organization with singular purpose, would be speculative for Court to conclude IRB would have reached same decision--United Nations Convention Relating to Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).