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Shakarabi v. Canada ( Minister of Citizenship and Immigration )

IMM-1371-97

Teitelbaum J.

1/4/98

11 pp.

Application for judicial review of CRDD decision applicant not Convention refugee as excluded on basis of Convention, Art. 1(F)(a)-Applicant 80-year-old citizen of Iran-For twenty years, acted as informer for SAVAK, brutal Iran secret police under Shah-After revolution and take-over by Khomeini, applicant imprisoned and tortured for ten years-When sought Convention refugee status in Canada, CRDD refused on basis applicant knowing participant in actions of SAVAK which engaged in crimes against humanity-Application dismissed-Definition of crimes against humanity in Federal Court case law-On examination of evidence, Board entitled to conclude primary purpose of SAVAK principally directed to limited, brutal purpose-Fact applicant not formal member of SAVAK, only informer, not ground for exoneration, as, on evidence, personally and knowingly participated in crimes against humanity-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).

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