Date: 20050119
Docket: IMM-8929-03
Citation: 2005 FC 78
BETWEEN:
MANONMANY SABARATNAM
THUROPATHA SABARATNAM
PAVALAKANTHAN SABARATNAM
JEEVAKUMARI SABARATNAM
LOGAMALINI SABARATNAM
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
PHELAN J.
[1] The Applicant, on behalf of herself and her four children, challenges the decision of the Pre-Removal Risk Assessment Officer (the PRRA Officer) that the Applicant was not at risk in being returned to Sri Lanka despite the contention that there had been a change in country conditions resulting from the alleged breakdown in the accord between the government and the Tamil Tigers.
[2] At the time of the decision the Applicant was a 58 year old mother of four children ranging in age from 15 to 21. Their application for refugee protection had been denied.
[3] Mr. Justice Rouleau, in granting a stay of removing pending this judicial review, made extensive comments on the merits of the PRRA decision. Justice Rouleau found that the decision failed to show adequate consideration of the then breakdown in the peace accord or of the location to which the Applicant would be sent or the risk of recruitment by the LTTE of her minor children.
[4] Having had a more complete opportunity to review the matter than the circumstances allowed Justice Rouleau, I share some of the same concerns, perhaps with less force than Justice Rouleau.
[5] Given the somewhat cursory analysis exhibited in this PRRA decision of the impact of changed country conditions on the Applicant and her children, and, the selective use of evidence concerning the breakdown of the peace accord, I am not satisfied that this decision should be sustained, even given the high degree of deference said to be owed the PRRA Officer.
[6] Therefore this application for judicial review will be granted and the matter remitted to another PRRA Officer for redetermination. No question will be certified.
(s) "Michael L. Phelan"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-8929-03
STYLE OF CAUSE: MANONMANY SABARATNAM, THUROPATHA SABARATNAM, PAVALAKANTHAN SABARATNAM, JEEVAKUMARI SABARATNAM, LOGAMALINI SABARATNAM v. MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 21, 2004
REASONS FOR ORDER: Phelan J.
DATED: January 19, 2005
APPEARANCES:
Mr. John O. Grant FOR THE APPLICANT
Mr. Brad Gotkin FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. John O. Grant
Toronto, Ontario FOR THE APPLICANT
Mr. John H. Sims
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
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