Date: 19971209
Docket: IMM-4915-96
BETWEEN:
THANALETCHUMY NAGALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Tuesday, December 9th, 1997 as edited.)
ROTHSTEIN J.:
[1] I have listen to the argument and it seems that we have finally sorted out that the panel in this case did give notice to the applicant that not only would alternative flight alternative be a consideration, but also that the well-foundedness of her fear of persecution would be addressed.
[2] Therefore, there was no error in the panel addressing in detail, as it did, the question of her returning to Jaffna. There is no doubt there is some evidence that supports the applicant's position that a Tamil in Jaffna is at some risk. However, there was evidence upon which the panel could base its determination that while there were such risks, they were not connected to a Convention refugee ground.
[3] The applicant alleged that the LTTE extorted money from her in Jaffna and the panel accepted that evidence. However, it concluded that more recently, circumstances changed and that they will not be in a position to continue their former practice of extorting money from Tamils living in Jaffna. It acknowledge that the LTTE on certain occasions took actions against people of a high profile, but clearly the applicant is not one of those.
I have not been convinced that there was any error by the panel in making its assessment with regard to the refugee claim as far as Jaffna is concerned. That being the case, it is not necessary to decide whether there were any errors with regard to the question of the internal flight alternative at Colombo. The application must be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
December 9, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4915-96
| STYLE OF CAUSE: THANALETCHUMY NAGALINGAM |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: DECEMBER 9, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROTHSTEIN, J.
DATED: DECEMBER 9, 1997
APPEARANCES:
Ms. Anita K. Kania
For the Applicant
Mr. David Tyndale
For the Respondent
SOLICITORS OF RECORD:
MAX BERGER & ASSOCIATES
Barristers & Solicitors
1033 Bay Street, Suite 207
Toronto, Ontario
M5S 3A5
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19971209
Docket: IMM-4915-96
BETWEEN:
THANALETCHUMY NAGALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER