Federal Court Decisions

Decision Information

Decision Content

                                                                                                                                  Date: 20000907

                                                                                                                        Docket: IMM-137-00

OTTAWA, ONTARIO, SEPTEMBER 7, 2000

Before:            J.E. DUBÉ J.

Between:

                       JAYANTHA SRI CHANDANA MARASINGHE ARACHCHIGE

                                                                                                                                               Plaintiff

                                                                         - and -

                                               THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                                                                                           Defendant

                                                                       ORDER

The application for judicial review is dismissed.

                                                                                                                                                                                       

                                                                                                                                                   Judge

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.


Date: 20000907

Docket: IMM-137-00

BETWEEN:

                       JAYANTHA SRI CHANDANA MARASINGHE ARACHCHIGE

                                                                                                                                               Plaintiff

                                                                         - and -

                                               THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION

                                                                                                                                           Defendant

                                                        REASONS FOR ORDER

DUBÉ J.

[1]                This is an application for judicial review of a decision of the Refugee Division of the Immigration Board ("the Refugee Division") on December 23, 1999 that the plaintiff is not a Convention refugee.

[2]                The plaintiff, a citizen of Sri Lanka, arrived in Vancouver on October 12, 1998 after travelling through Morocco, Spain and the U.S. He filed his application 16 days after his arrival in Canada.

[3]                The Refugee Division concluded that the plaintiff was not credible and explained why in its decision. First, the principal events in the plaintiff's claim allegedly occurred when he was driving a truck, whereas his driving licence did not cover vehicles of that class. Second, the plaintiff's passport contradicted the allegation that he was a truck driver since it said he was a [TRANSLATION] "domestic help". Third, it did not appear in his PIF that the army had sought him at his home: he only raised this point in his testimony before the Refugee Division. Fourth, the plaintiff also did not indicate in his PIF that his father had told him not to report to the local police because the police wanted to kidnap him. Fifth, the report made by his father alleged that the police had sought him at his home on June 18, 1998, whereas on this date the plaintiff had already been arrested and held until June 29, 1998. Finally, in the panel's opinion the medical report filed by the plaintiff was not consistent with the type of abuse he claimed to have suffered.

[4]                Consequently, it was not unreasonable for the Refugee Division to draw a negative inference about his credibility. There is no basis for intervening in this case. The application for judicial review is accordingly dismissed.

[5]                Both counsel shared the judge's opinion that this case raised no question of general importance to be certified.

                                                                                                                                                                                      

                                                                                                                                                   Judge

OTTAWA, Ontario

September 7, 2000

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.


                                                   FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT No.:                                                                IMM-137-00

STYLE OF CAUSE:                                                     JAYANTHA SRI CHANDANA

MARASINGHE ARACHCHIGE

v.

MCI

PLACE OF HEARING:                                                MONTRÉAL, QUEBEC

DATE OF HEARING:                                      AUGUST 31, 2000

REASONS FOR ORDER BY:                                    DUBÉ J.

DATED:                                                                        SEPTEMBER 7, 2000

APPEARANCES:

MARC CHÉNARD                                                      FOR THE APPLICANT

THI MY DUNG TRAN                                                FOR THE RESPONDENT

SOLICITORS OF RECORD:

MARC CHÉNARD                                                      FOR THE APPLICANT

Montréal, Quebec

Morris Rosenberg                                                          FOR THE RESPONDENT

Deputy Attorney General of Canada

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.