CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Imama v. Canada (Minister of Citizenship and Immigration)
IMM-118-01
2001 FCT 1207, Tremblay-Lamer J.
6/11/01
7 pp.
Application for judicial review of CRDD decision holding applicant excluded from definition of Convention refugee under Convention, Art. lF(a), (c)--Applicant citizen of Democratic Republic of Congo--Claiming to have well-founded fear of persecution by reason of political opinion--Applicant worked for Zairean Department of State from 1963 to 1998--Convention, Art. 1F providing Board must have "serious reasons for considering"--Having regard to serious consequences for persons concerned, exclusion clauses to be narrowly construed--Burden on Minister to prove applicant falls within class of excluded persons under Convention, Art. 1F(a), (c) because complicit in crimes against humanity--Board also holding applicant had knowledge of crimes committed by Mobutu regime--Although aware of action taken by his government, applicant did nothing to disassociate himself from it--CRDD correctly concluding applicant complicit by association in crimes against humanity committed by Mobutu regime--Application dismissed--United Nations Convention on Status of Refugees, July 28, 1951, [1969] R.T. Can. No. 6, Art. 1F(a), (c).