Sornavadivel v. Canada (Minister of Citizenship and Immigration), docket IMM-1182-97

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