Saridag v. Canada ( Minister of Employment and Immigration )
IMM-5691-93
McKeown J.
5/10/94
6 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant, citizen of Turkey, not Convention refugee -- Application, scope of exclusion clause in United Nations Convention Relating to the Status of Refugees, Art. 1F(a) at issue -- Board misstating test in Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.)-Mere membership in terrorist organization (Dev Yol) insufficient to bring claimant into excluded class -- Where organization primarily directed to limited brutal purpose, Board may exercise discretion in determining whether claimant engaged in personal and knowing participation -- Board failing to ask itself whether sufficient evidence, given applicant's circumstances, to support finding by necessary implication -- Mens rea important since applicant between 11 and 13 years old when active member of Dev Yol-Conflicting evidence on whether active in normal sense of word after detention at age of 13 -- Presumption of complicity rebuttable-Board also failing to link specific crime against humanity to applicant -- Reference to only one crime against humanity taking place in 1981 after applicant detained for period of eight months -- Incumbent upon Board to decide whether applicant had sufficient knowledge of nature of Dev Yol -- Application allowed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).