Balta v. Canada ( Minister of Employment and Immigration )
IMM-2459-94
Wetston J.
27/1/95
7 pp.
Application for judicial review of CRDD determination applicants, husband, wife and child, citizens of ex-Yugoslavia, not Convention refugees -- Carried Yugoslavian passports -- Board determined applicants citizens of Serbia-Montenegro -- Male applicant conscripted in Serbian army, Yugoslav Peoples' Army -- On second leave, obtained passport and left for Serbia and then for Canada -- Refugee status denied on basis of United Nations Convention Relating to the Status of Refugees, Art. 1F(a) -- Board determined Serbian army terrorist organization and that, while no evidence applicant personally hurt anyone, as member of terrorist organization, applicant accomplice to organization's crimes and left unit as matter of convenience, not for concern about victims nor at first available opportunity -- Based on evidence before it, Board erred in characterizing Serbian army as terrorist organization -- While Serbian army may be utilizing terrorist means to achieve political ends, significant that there are political ends: Serbian control of Bosnia -- Furthermore, even assuming Serbian army terrorist organization, evidence before Board insufficient to conclude applicant had sufficient knowledge or personal participation -- Application allowed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6], Art. 1F(a).