IMM-2470-96
B E T W E E N:
ANNE FATIMA MANUELPILLAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
RICHARD, J.:
The applicant seeks to set aside the decision of the Immigration and Refugee Board (the "Board") dated July 9, 1996, wherein the Board determined that the applicant is not a Convention refugee.
The panel found that the applicant had good grounds for fearing persecution from the LTTE in the Jaffna area but that an internal flight alternative (IFA) was available to her in another area of Sri Lanka, particularly in Colombo.
Counsel for the applicant admitted that the Board had correctly stated and followed the two-pronged test in Rasaratnam1. However, counsel argued that the Board's application of the test was not consistent with all of the evidence. In particular counsel argued that the Board had ignored certain documentary evidence by not referring to it in its reasons.
The Board made a factual determination that an IFA was reasonably available to the applicant following the analysis in Rasaratnam. There is no evidence that the Board did not consider all of the material before it. The Board did not refer to all of the evidence in its reasons but stated what it had considered the documentary evidence and the circumstances particular to the claimant.
In this case, the Board followed the proper analysis and made a factual determination which was reasonably open to it on all the material before it. There was some evidence on which the Board could reasonably rely for each of its findings of fact.
In these circumstances the Board's factual determination is not patently unreasonable and accordingly, the application for judicial review is dismissed.
"John D. Richard"
Judge
Toronto, Ontario
April 30, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2470-96
STYLE OF CAUSE: ANNE FATIMA MANUELPILLAI
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: APRIL 30, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: RICHARD, J.
DATED: APRIL 30, 1997
APPEARANCES:
Ms. Joanne L. Orsi
For the Applicant
Ms. Sadian Campbell
For the Respondent
SOLICITORS OF RECORD:
Berger and Associates
207-1033 Bay Street
Toronto, Ontario
M5S 3A5
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2470-96
Between:
ANNE FATIMA MANUELPILLAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
__________________
1 Rasaratnam v. M.E.I., [1992] 1 F.C. 706 (C.A.).