Date: 19981027
Docket: IMM-3678-97
BETWEEN:
KANDEEPAN KANTHAVANAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario on
Tuesday, October 27, 1998, as edited)
ROTHSTEIN J.:
[1] The panel of the Immigration and Refugee Board accepted that the applicant, a young Tamil male from Jaffna, had a well-founded fear of persecution in the north of Sri Lanka. However, if found he had a reasonable Internal Flight Alternative in Colombo and therefore denied his refugee claim.
[2] With respect to the IFA issue, the panel found that the applicant had been detained upon his arrival in Colombo and was later released upon payment of a bribe. The panel also noted that the applicant "was told he could not remain in the city and must leave or fact re-arrest".
[3] In analyzing whether the applicant had a reasonable Internal Flight Alternative in Colombo, the panel did not deal with the fact that the applicant was originally told he could not stay in Colombo. Although for the many other reasons noted by the panel Colombo may have been a reasonable IFA, the fundamental issue was whether he could remain there without being re-arrested. If he could not, presumably he would have to return to the north where the panel found he had a well-founded fear of persecution. The panel did not address this issue in its analysis, and in failing to do so, did not decide the IFA issue having regard to the evidence before it.
[4] The judicial review is allowed and the matter is remitted to a different panel of the Immigration and Refugee Board for redetermination.
"Marshall Rothstein"
Judge
TORONTO, ONTARIO
October 27, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3680-97
| STYLE OF CAUSE: KANDEEPAN KANTHAVANAM |
- and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: MONDAY, OCTOBER 26, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: TUESDAY, OCTOBER 27, 1998
APPEARANCES: Ms. Maureen Silcoff
For the Applicant
Ms. Susan Nucci
For the Respondent
SOLICITORS OF RECORD: Lewis & Associates
Barristers & Solicitors
175 Harbord Street
Toronto, Ontario
M5S 1H3
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981027
Docket: IMM-3678-97
Between:
| KANDEEPAN KANTHAVANAM |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER