Date: 20030225
Docket: IMM-2164-01
Neutral Citation: 2003 FCT 230
Ottawa, Ontario, Tuesday, this 25th day of February, 2003.
Present: THE HONOURABLE MR. JUSTICE KELEN
Between:
CHRISHANTH ATPUTHARAJAH
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
This is an application for judicial review of the decision of Merril Clarke, visa officer at the Canadian High Commission in London, refusing an applicant's request as a Convention refugee seeking resettlement.
The applicant is a Sri Lankan citizen residing in the United Kingdom who claims he was compelled to do medical work for the LTTE. The visa officer found the applicant not credible and
refused the application because he believed that either:
(a) as a former or current member of the LTTE, the applicant was inadmissible pursuant to subparagraph 19(1)(f)(iii)(b) of the Immigration Act, R.S.C. 1985, c. I-2 (the "Act") and was excluded from the definition of a Convention refugee pursuant to Article 1F(c) of the Refugee Convention; or
(b) if he was not a member of the LTTE then he did not have a well-founded fear persecution.
The applicant submits that the visa officer's decision is unreasonable with respect to his membership in the LTTE.
The Court has reviewed the evidence and the visa officer's credibility finding and finding of fact with respect to the applicant's membership in LTTE. Both with respect to the credibility finding and the finding of fact, the Court finds that the decision was reasonably open to the visa officer. Accordingly, the application is dismissed. No question for certification was proposed, nor is one certified.
ORDER
THIS COURT HEREBY ORDERS THAT:
The application for judicial review of the decision of a visa officer is dismissed.
____"Michael A. Kelen" _________________________
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2164-01
STYLE OF CAUSE: CHRISHANTH ATPUTHARAJAH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, FEBRUARY 11, 2003
REASONS FOR ORDER
AND ORDER BY: THE HONOURABLE MR. JUSTICE KELEN
DATED: TUESDAY, FEBRUARY 25, 2003
APPEARANCES BY: Mr. Lorne Waldman
For the Applicant
Mr. Stephen H. Gold
For the Respondent
SOLICITORS OF RECORD: Mr. Lorne Waldman
Jackman, Waldman & Associates
Barristers & Solicitors
281 Eglinton Ave. East
Toronto, ON M4P 1L3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030225
Docket: IMM-2164-01
BETWEEN:
CHRISHANTH ATPUTHARAJAH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER