Zadeh v. Canada ( Minister of Citizenship and Immigration )
IMM-3077-94
Wetston J.
21/1/95
5 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) refusal to grant applicant Convention refugee status -- Applicant, citizen of Afghanistan, member of Afghani secret police (Khad) -- Applicant fleeing to Canada following government overthrow -- CRDD excluding applicant from Convention refugee definition on grounds applicant committing crime against peace, war crime or crime against humanity pursuant to Convention, s. 1(F)(a) by reason of membership in Khad -- Applicant claiming mere membership in Khad not sufficient to justify CRDD finding -- Complicity in commission of international offence requiring: (1) membership in organization committing offences as continuous and regular part of operation; (2) personal and knowing participation; (3) failure to dissociate from organization at earliest safe opportunity -- Uncontradicted evidence showing Khad routinely using physical and psychological torture and extra-judicial killing as accepted practice -- Applicant having requisite knowledge of Khad actions -- Sufficient evidence for CRDD to reasonably conclude applicant remaining with Khad despite available opportunities to dissociate -- Application dismissed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1 (F)(a).