CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Alwan v. Canada (Minister of Citizenship and Immigration)
IMM-1582-02
2003 FCT 109, O'Keefe J.
31/1/03
10 pp.
Judicial review of Convention Refugee Determination Division of Immigration and Refugee Board's (CRDD) decision applicant had committed crimes against humanity and thus excluded pursuant to Immigration Act, s. 2(1)--On May 6, 2000, applicant arrived in Canada, and on May 19, 2000, applicant made claim for Convention refugee status--On March 15, 2002, CRDD found applicant had committed crimes against humanity and did not deserve refugee protection--Whether Court should disregard Mayor's letter and several paragraphs in applicant's affidavit--Court reviewed tribunal record and found Mayor's letter before CRDD and applicant's affidavit contained new information not before CRDD and therefore, new information not considered as part of present application--Whether CRDD erred in law in finding applicant had knowledge of harm caused by his activities so as to meet test of serious reasons considering applicant had participated or been complicit in crimes against humanity--In particular, whether applicant complicit in crimes against humanity--In Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.), Court stated complicity rests on existence of shared common purpose and knowledge of parties in question may have of common purpose in question--Thus, CRDD required to consider legal issue of common purpose in order to make finding regarding complicity by applicant--Court concluded CRDD, in decision, did not consider question of common purpose--As a result, CRDD committed error of law and application for judicial review must be allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).