CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Canada (Minister of Citizenship and Immigration) v. Asghedom
IMM-5406-00
2001 FCT 972, Blais J.
30/8/01
23 pp.
Application for judicial review of Immigration and Refugee Board's decision respondent Convention refugee--Respondent citizen of Eritrea--After completing high school in 1986, employed as truck driver in Addis Ababa, Ethiopia--Forcibly recruited into Ethiopian military--Respondent remained in Eritrea while in army--Released from army in late 1988, early 1989, returned to Addis Ababa where continued as truck driver until after war started between Eritrea, Ethiopia in 1998--Arrested as person of Eritrean descent in Ethiopia, ordered to be deported from Ethiopia to Eritrea--Bribed way out of detention in Ethiopia, fled to Canada--Whether Board erred in law in determining respondent not accomplice in war crimes, crimes against humanity--Board asked itself whether respondent excluded from application of Convention by reason of Convention, Art. 1F(a)--Applicant maintaining respondent clearly accomplice in committing crimes against humanity by assisting military to accomplish aims, objectives in war against Eritrea--Law relating to exclusion under Convention, Art. 1F(a) explained by Federal Court of Appeal in Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306--Burden of establishing serious reasons for considering international offences committed resting on party asserting existence of such reasons, applicant herein, less than balance of probabilities--Not sufficient to accept respondent had knowledge of crimes perpetrated by army in order to exclude him under Convention, Art. 1F(a)--Defence of duress, circumstances of case can lead to conclusion respondent not excluded even if he had knowledge of crimes perpetrated by army--Documentary evidence supporting Board's conclusion respondent could not desert army, imminent, real, inevitable threat to respondent's life, if deserted army, disobeyed order--Board's conclusion reasonable in light of evidence before it--Board entitled to weigh evidence as it did, not ignoring evidence, as alleged by applicant--Documentary evidence also to effect persons who disobeyed order executed--Respondent facing possible execution if tried to desert, disobey--Board could not be said to have erred in law, ignored evidence--Application dismissed--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can.T.S. No. 6, Art. 1F(a).