Date: 19980731
Docket: IMM-5028-97
BETWEEN:
ANJANIE LATHIKA HERATH and
SAMANTHA PUSHPANGA HERATH
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] In argument in this case, quite properly, counsel for the respondent acknowledged that the decision under review is deficient because it fails to clearly make a finding of credibility respecting the applicants' testimony about subjective and objective fear of persecution.
[2] I find that this failure results in the conclusion that the applicants' testimony respecting the persecution he would suffer at the hands of the military were he to be returned to Sri Lanka must be accepted as given. Since the decision appears to disregard this critical testimony, I find that the CRDD made the decision without regard to the material before it. As this is a reviewable error, I set the decision aside and refer this matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
Judge
Toronto, Ontario
July 31, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5028-97
| STYLE OF CAUSE: |
ANJANIE LATHIKA HERATH and
SAMANTHA PUSHPANGA HERATH
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: FRIDAY, JULY 31, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: CAMPBELL, J.
DATED: FRIDAY, JULY 31, 1998
APPEARANCES:
Ms. Elizabeth Jaszi
For the Applicant
Mr. Brian Frimeth
For the Respondent
SOLICITORS OF RECORD:
| Elizabeth Jaszi |
| Barrister & Solicitor |
2 Sheppard Avenue East
| Suite 900 |
| North York, Ontario |
| M2N 5Y7 |
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980731
Docket: IMM-5028-97
Between:
| ANJANIE LATHIKA HERATH and |
| SAMANTHA PUSHPANGA HERATH |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
| AND ORDER |