CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Mendez-Leyva v. Canada (Minister of Citizenship and Immigration)
IMM-4677-00
2001 FCT 523, Tremblay-Lamer J.
24/5/01
17 pp.
Application for judicial review of CRDD decision applicant not Convention refugee, based on Convention, Art. 1(F)(a) (accomplice in crimes against humanity), and based on negative credibility finding--Applicant collaborator of Mexican guerrilla group EPR (providing information about government corruption, transportation of EPR members to their missions), allegedly kidnapped and tortured by Judicial Police--Issues whether CRDD erred in excluding applicant under Convention, Art. 1(F)(a); whether CRDD based decision on erroneous finding of fact made in perverse or capricious manner or without regard to material before it--Application dismissed--Evidence referred to by CRDD insufficient to support conclusion EPR organization with limited and brutal purpose--Examination of notions of "complicity in commission of crime against humanity": Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.), "requirements for crimes to be considered crimes against humanity": Sivakumar v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 433 (C.A.)--CRDD erred in law in excluding applicant from protection of Convention based on Art. 1(F)(a)--However, CRDD's negative credibility finding not capricious or perverse, therefore no grounds for Court to intervene--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(F)(a).