Iyathurai v. Canada (Minister of Citizenship and Immigration), 2003 FCT 475

Date: 20030422

Docket: IMM-3009-02

Neutral citation: 2003 FCT 475

Toronto, Ontario, Tuesday the 22^nd day of April, 2003

PRESENT:      The Honourable Mr. Justice Campbell

BETWEEN:

                                                         KANAGAMMA IYATHURAI

                                                                                                                                                         Applicant

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                     Respondent

                                               REASONS FOR ORDER AND ORDER

[1]                 In the present case, the Applicant, a seventy-four year old Tamil woman, gave evidence of her fear of persecution at the hands of the Sri Lankan army and the Eelam People's Democratic Party (EPDP).

[2]                 The CRDD found that the Applicant was credible.

[3]                 As a result, the CRDD found that the army had held the Applicant for two days at an army camp, threatened her, and questioned her about the LTTE. In addition, the CRDD found that the army was guilty of "attempted" extortion in demanding money from her. Indeed, the army gave the Applicant a pass to go to Colombo to obtain the money it demanded. The Applicant did not obtain the money and testified that she had subjective fear that she would again suffer at the hands of the army because their attempt to extort money from her had not succeeded.

[4]                 Even though the CRDD accepted the Applicant's evidence to find the army was guilty of extortion, with the obvious attendant personal risk to the Applicant as a result, it found that the Applicant's fear of persecution was not well founded.

[5]                 I find it is a reviewable error of fact for the CRDD to accept the Applicants evidence of extortion, and not find subjective and objective fear of persecution as a result.

ORDER

Accordingly, I set the CRDD's decision aside and refer the matter to a differently constituted panel for redetermination.

"Douglas R. Campbell"        

                                                                                                                                                          J.F.C.C.            

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET:                                               IMM-3009-02

STYLE OF CAUSE:                               KANAGAMMA IYATHURAI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

DATE OF HEARING:              TUESDAY, APRIL 22, 2003

PLACE OF HEARING:                         TORONTO, ONTARIO

REASONS FOR JUDGMENT BY:      CAMPBELL J.

APPEARANCES BY:                          Mr. David Yerzy

For the Applicant

Mr. Stephen Jarvis

For the Respondent

SOLICITORS OF RECORD:           Mr. David Yerzy

Barrister & Solicitor

14 Prince Arthur Avenue

Suite 108

Toronto, Ontario

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

Date: 20030422

Docket: IMM-3009-02

BETWEEN:

KANAGAMMA IYATHURAI

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                     Respondent

REASONS FOR ORDER

AND ORDER