Date: 19980217
Docket: IMM-1759-97
| IN THE MATTER OF the Immigration Act, R.S.C. 1985, s.82.3, c.I-2 and amendments and regulations thereto; |
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| AND IN THE MATTER OF a decision of the Immigration and Refugee Board, Convention Refugee Determination Division; |
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| AND IN THE MATTER OF the Canadian Charter of Rights and Freedoms. |
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BETWEEN:
VIJAYKUMAR VEERAKATHY
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
McGILLIS, J.
[1] Despite the able argument of counsel for the applicant, I have concluded that the application for judicial review must be dismissed.
[2] In its reasons for decision, the Immigration and Refugee Board ("Board") determined that the applicant's evidence was not credible on the basis of a material discrepancy between the port of entry notes and his personal information form concerning his alleged conscription by the LTTE, as well as his "unacceptable explanation" in his testimony on that subject. The Board further found that, even if it were to accept the applicant's evidence concerning that discrepancy, other aspects of his evidence relating to his arrest and detention by the army and his subsequent release in Colombo were implausible. In my opinion, the findings made by the Board were reasonably open to it.
[3] Counsel for the applicant also argued that the Board had erred in law by denying the applicant a hearing before a two member panel. I cannot accept that submission. A review of the transcript indicates that the applicant, who was represented by an experienced lawyer, expressly consented to proceeding before a one member panel. The transcript further indicates that the applicant was aware that his credibility would be in issue at the hearing. In the circumstances, it cannot be said that the Board improperly denied the applicant a hearing before a two member panel.
[4] The application for judicial review is dismissed. The case raises no serious question of general importance.
"D. McGillis"
Judge
Toronto, Ontario
February 17, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-1759-97
| STYLE OF CAUSE: VIJAYKUMAR VEERAKATHY |
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
DATE OF HEARING: FEBRUARY 17, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: McGILLIS, J.
DATED: FEBRUARY 17, 1998
APPEARANCES:
Mr. Jegan N. Mohan
For the Applicant
Mr. David Tyndale
For the Respondent
SOLICITORS OF RECORD:
Mohan & Mohan
225-3300 McNicoll Avenue
Scarborough, Ontario
M1V 5J6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
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THE MINISTER OF CITIZENSHIP |
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