What is the test for determining whether there genuinely are serious reasons for considering that a claimant may be complicit in the commissioning of crimes under section 1F of the Convention on Human Rights?
Canada (Federal), Canada
The following excerpt is from Ishaku v. Canada (Citizenship and Immigration), 2011 FC 44 (CanLII):
The case law has laid down the factors to be taken into consideration in determining whether there genuinely are serious reasons for considering that a claimant may be considered to be complicit in the commission of crimes or acts referred to in section 1F of the Convention. Those factors are: the method of recruitment, the applicants position and rank in the organization, the nature of the organization, the applicants knowledge of the crimes or acts committed, the length of his or her participation in the organizations activities, and the opportunity to leave (Ndabambarire, above, at paras. 38-44; Thomas, above, at para. 20; Muchai v. Canada (Minister of Citizenship and Immigration), 2007 FC 944, 160 A.C.W.S. (3d) 682, at para. 7).
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