Gracias-Luna v. Canada ( Minister of Citizenship and Immigration )
A-1139-92
Simpson J.
25/5/95
5 pp.
Application for judicial review of decision of Immigration and Refugee Board applicant not Convention refugee as excluded from definition of Convention refugee for being accomplice in crimes against humanity -- Applicant citizen of El Salvador-Forcibly recruited into army at age of fifteen, appointed to be interrogator for army unit -- Participating in capture of guerrilla suspects, then interrogating them -- After initial interrogation, passed guerrilla suspects on to specialized army unit called S2 for further investigation -- S2 torturing, often killing victims-Applicant deserting army as fearing further investigation by S2-Board concluding applicant accomplice, personally and knowingly participating in repeated acts of persecution -- Applicant's counsel's characterization of separate common purpose for applicant and S2 arbitrary, ignoring reality -- Army set on capturing and eliminating guerrilla opponents -- Common purpose established-Applicant personally involved when handed suspects on to S2 knowing death was likely -- Open to Board to exclude applicant from consideration as Convention refugee on basis accomplice in crimes against humanity -- No reviewable error in decision -- Application dismissed.