CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of decision of Refugee Protection Division of Immigration and Refugee Board (IRB), ruling that applicants not Convention “refugees” or “persons in need of protection” under definitions provided in Immigration and Refugee Protection Act, ss. 96, 97—Applicants all citizens of Lebanon—Applicants saying fear persecution because of their religion and political opinions—IRB holding principal claimant excluded from application of Convention refugee definition pursuant to United Nations Convention Relating to the Status of Refugees, Art. 1F(c)—To apply this article, Board member had to be satisfied there were serious reasons to think that applicant guilty of acts contrary to purposes and principles of United Nations—Principal applicant submitting Board member failed to identify specific acts of which he was indirectly guilty on account of membership in Kataeb party, and also “purposes and principles” of United Nations supposedly violated—Person may be found to be an accomplice without having belonged to such organization, provided personal and knowing participation in commission of international crimes can be found on facts—True test of complicity that of personal and knowing participation— Applicant meets test because acknowledging awareness of events in Palestinian camps of Sabra and Chatila in 1982, and acknowledging awareness of existence of detention centre of Lebanese Forces very near his village—Applicant was member of Kataeb party and, notwithstanding his knowledge of party’s activities, continued to be affiliated with them— Application by wife and children based on that of principal applicant and must therefore suffer same fate—Furthermore, Board member did not err in rejecting claim because personal danger in Lebanon not established—Application dismissed— Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 96, 97—United Nations Convention Relating to the Status of Refugees, 28 July 1951, [1969] R.T. Can T.S. No. 6, Art. 1F(c).
Hayek v. Canada (Minister of Citizenship and Immigration) (IMM‑9356‑04, 2005 FC 835, Pinard J., order dated 17/6/05, 8 pp.)