Mohammad v. Canada ( Minister of Citizenship and Immigration )
IMM-4227-94
Nadon J.
25/10/95
17 pp.
Application for judicial review of negative decision by Immigration and Refugee Board (panel)-Claimant citizen of Afghanistan, began career as police officer, then director of Kabul prison-In May 1979, arrested, detained, imprisoned by mujahedeen for treason-In April 1980, appointed "investigating officer" for Kabul police general command-In March 1990, arrested, suspected of participating in attempted coup d'état-Leaving country for Pakistan in September 1991-Arriving in Canada in March 1992, claiming refugee status-Panel finding, in view of his past and mujahedeen's determination to take revenge, risk of persecution if claimant to return to Afghanistan-Adding that, as investigating officer, claimant cooperated with regime in power to conscript young men aged 14-Panel finding serious reasons for considering claimant committed crime against humanity or guilty of acts contrary to purposes, principles of United Nations-Whether panel erred in holding claimant should be excluded from definition of "Convention refugee"-To exclude person under Convention, Article 1, Minister not required to show has been convicted of or charged with crime-Enough for Minister to establish "serious reasons for considering" person in question committed crime-Minister's burden of proof less than balance of probabilities-Determination of acts committed by claimant as prison director, investigating officer question of fact to which standard of proof to be applied that embodied in term "serious reasons for considering"-Claimant's complicity, contribution such should be held responsible for torture of prisoners, conscription of children and teenagers-Claimant, as deputy director, director of central prison, had or should have had full knowledge of crimes committed against prisoners in central prison-Evidence in record supporting conclusion claimant should be held responsible for ill treatment suffered by prisoners in central prison-Held position as investigating officer for eight years, at no time trying to dissociate himself from acts committed by regime he had to serve-Acts and omissions alleged against claimant by panel constituting crimes against humanity or acts contrary to purposes, principles of United Nations-Application dismissed-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1.