Aden v. Canada ( Minister of Citizenship and Immigration )
IMM-2912-95
MacKay J.
14/8/96
14 pp.
Application for judicial review of decision by Convention Refugee Determination Division applicant not Convention refugee as excluded from claiming Convention refugee status on basis of serious grounds for believing crime committed against humanity-Applicant citizen of Somalia, member of Marehan tribe-In June 1988, applicant joined military police known as "Red Berets"-In January 1991, government of Siad Barre overthrown, United Somali Congress declared itelf to be government-Applicant arrested by Hawiye soldiers, repeatedly tortured and threatened-Fled to Kenya, arrived in Canada on May 21, 1994-Claimed Convention refugee status on basis of well-founded fear of persecution by reason of race, membership in particular social group-Tribunal finding applicant not having well-founded fear of persecution in Gedo region of Somalia controlled by Marehan tribe, should he return there-Concluding applicant had knowledge of and accomplice in crimes against humanity perpetrated by Red Berets-Not making finding of fact in perverse, capricious manner in determining applicant had internal flight alternative in Gedo region-Failure to address issue of applicability of Immigration Act, s. 2(3) reviewable error resulting in matter sent back to tribunal for reconsideration unless applicant excluded by application of United Nations Convention, Art. 1F(a)-"Serious reasons for considering" in Art. 1F involving lower standard of proof than balance of probabilities-Tribunal not wrong in finding applicant excluded from refugee status by operation of Art. 1F(a)-Red Berets "dreaded elite unit" responsible for wide variety of human rights abuses, including tortures, massacres of civilians-Open to tribunal to find applicant shared common purpose with Red Berets, had knowledge of purposes-No basis for intervention of Court in regard to determination of tribunal applicant excluded from Convention refugee status by virtue of Art. 1F(a)-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2(3)-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).