CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of Immigration and Refugee Board, Refugee Protection Division (RPD) decision applicant excluded from definition of “Convention refugee” pursuant to United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a) (committed crimes against humanity) and (c) (guilty of acts contrary to purposes, principles of UN)—Applicant, Hindu Tamil citizen of Sri Lanka, member of Liberation Tigers of Tamil Eelam (LTTE)—Relatively minor role in LTTE providing insufficient evidence applicant shared common objectives, had knowledge of LTTE’s objectives as required for finding of complicity—Not having found LTTE limited, brutal purpose organization, RPD could not find applicant complicit in crimes against humanity based on mere membership—Application allowed.
Rathinasigngam v. Canada (Minister of Citizenship and Immigration) (IMM‑4111‑05, 2006 FC 988, Teitelbaum J., judgment dated 17/9/06, 26 pp.)