Sinnathamby v. Canada (Minister of Citizenship and Immigration), 2005 FC 1153

Date: 20050823

Docket: IMM-4252-04

Citation: 2005 FC 1153

BETWEEN:

RASIAH SINNATHAMBY

Applicant

and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

SIMPSON J.

NATURE OF PROCEEDING

[1]     The Applicant seeks judicial review of a decision of a member of the Immigration and Refugee Protection board (the "Board"), dated April 22, 2004 in which it determined that the Applicant is not a Convention refugee (the "Decision").

[2]    The Applicant is an elderly Tamil gentleman who has a number of children living abroad in developed countries. He testified that, for this reason, he has repeatedly been the victim of extortion attempts at the hands of the LTTE. He has been beaten once and threatened with death on two occasions. The Applicant's children arranged for an agent to take the Applicant out of the country. He fled Sri Lanka on June 12, 2003 and arrived in Toronto the same day. He made his claim on June 16, 2003.

[3]    The issue in this case is the adequacy of the reasons.

[4]    The Board accepted the Applicant's evidence and concluded that it was common for the LTTE to extort money and that the practice continued. However, although the Board found that an assessment under section 97 to the Immigration and Refugee Protection Act, S.C. 2001, c.27 was warranted, it did not actually consider whether the Applicant faced a risk of cruel and unusual treatment in Sri Lanka.

[5]    Having reached this conclusion, it is not necessary to consider the Applicant's other grounds for judicial review.

[6]    An order will be made setting the Decision aside and referring the matter back for redetermination.

"Sandra J. Simpson"