Date: 19980625
Docket: IMM-1182-97
OTTAWA, ONTARIO, JUNE 25, 1998.
PRESENT: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
BETWEEN:
DWARAKAN SORNAVADIVEL,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
ORDER
The application for judicial review is granted. The decision of the Board is set aside and the matter is referred back for rehearing by a differently constituted panel.
"Danièle Tremblay-Lamer"
JUDGE
Date: 19980625
Docket: IMM-1182-97
BETWEEN:
DWARAKAN SORNAVADIVEL,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
TREMBLAY-LAMER J.:
This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board, wherein it determined that the Applicant was not a Convention refugee.
The sole issue raised in this application is whether the Board erred in finding that the Applicant had an internal flight alternative ("IFA") in Colombo.
In light of the Applicant's history of arrest and detention in Colombo where upon his release he was ordered to return to Jaffna and in light of the documentary evidence indicating that young Tamils, like the Applicant, are most at risk of arrest, it was not reasonable for the Board to conclude he had an IFA in Colombo.
The application for judicial review is granted. The decision of the Board is set aside and the matter is referred back for rehearing by a differently constituted panel.
Neither counsel recommended certification of a question in this matter. Therefore, no question will be certified.
"Danièle Tremblay-Lamer"
JUDGE
OTTAWA, ONTARIO
June 25, 1998.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-1182-97
STYLE OF CAUSE: DWARAKAN SORNAVADIVEL v. MCI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: June 24, 1998
REASONS FOR ORDER OF The Honourable Madame Justice Tremblay-Lamer.
DATED: June 25, 1998
APPEARANCES
Mr. Peter Haber FOR THE APPLICANT
Ms. Susan Nucci FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Peter F. Haber FOR THE APPLICANT Burlington, Ontario
Mr. George Thomson FOR THE RESPONDENT Deputy Attorney General of Canada