𝗘𝘅𝗰𝗹𝘂𝘀𝗶𝗼𝗻 𝗮𝗻𝗱 𝗖𝗼𝗺𝗽𝗹𝗶𝗰𝗶𝘁𝘆: 𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝟭𝗙(𝗮) 𝗼𝗳 𝘁𝗵𝗲 𝗥𝗲𝗳𝘂𝗴𝗲𝗲 𝗖𝗼𝗻𝘃𝗲𝗻𝘁𝗶𝗼𝗻

Merely being an employee of a state whose government commits crimes against humanity is not sufficient for exclusion under Article 1F(a), any more than mere knowledge of those crimes is sufficient. 

There must be a nexus between the claimant and the crimes alleged. That nexus may be established by presumption if the claimant held a senior position in the public service, where there are serious reasons for considering that the position in question made it possible for the refugee claimant to commit, incite or conceal the crimes, or to participate or collaborate in the crimes.

𝘌𝘻𝘰𝘬𝘰𝘭𝘢 𝘷 𝘊𝘢𝘯𝘢𝘥𝘢 (𝘔𝘊𝘐) 2010 𝘍𝘊 662