CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Zazai v. Canada (Minister of Citizenship and Immigration)
IMM-377-02
2003 FCT 639, Campbell J.
21/5/03
5 pp.
Judicial review of Adjudicator's decision--Applicant, citizen of Afghanistan, claimed refugee status--Claim rejected by CRDD pursuant to Convention, Art. 1F(a) due to membership in KHAD, Afghan secret police, complicity in crimes against humanity in Afghanistan--Before Adjudicator, applicant repudiated earlier testimony concerning membership in KHAD--Adjudicator did not accept repudiation-- Adjudicator determined CRDD's decision binding, rejected refugee claim on basis of Convention, Art. 1F(a)-- Application allowed--Adjudicator not bound by CRDD's determination: Canada (Minister of Citizenship and Immigration) v. Varela, [2002] 4 F.C. 144 (T.D.), therefore made reviewable error in law--Three questions certified: whether exclusion of Convention refugee under Convention, Art. 1F(a) means it has been established reasonable grounds to believe that refugee status claimant has committed offences at international law under Immigration Act, s. 18(1)(j) so that Adjudicator conducting inquiry into allegations made under Act, s. 19(1)(j) would be bound by CRDD's exclusion under Convention, Art. 1F(a); whether definition of "crime against humanity" found at Crimes Against Humanity and War Crimes Act, s. 4(3) includes complicity therein; whether reviewing judge can apply F.C.T.D. case retroactively to Adjudicator's decision pre-dating case--Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24, s. 4(3)-- Immigration Act, R.S.C., 1985, c. I-2, ss. 18(1)(j), 19(1)(j) (as am. by S.C. 2000, c. 24, s. 55)--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969][cedil ]Can. T.S. No. 6, Art. 1F(a).