Date: 20021113
Docket: IMM-436-02
Neutral citation: 2002 FCT 1179
Toronto, Ontario, Wednesday, the 13th day of November, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
SAKTIKANTAN SOMAKANDHAN
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant, who claims refugee status as a young Tamil from northern Sri Lanka, was unable to testify because of his suffering from post-traumatic stress disorder. As a result, and properly so, the CRDD decided the case on his PIF only.
[2] In the process, the CRDD discounted the Applicant's evidence in his PIF that he was persecuted at the hands of government authorities in Colombo because his evidence did not accord with documentary evidence.
[3] However, in the course of rendering its decision, the CRDD did acknowledge that there had been terrible abuses against Tamils in Colombo, but they seemed to be the exception. As a result of this acknowledgment, I find a reviewable error in the CRDD's decision.
[4] In my opinion, on the face of the record, it is not possible for the CRDD to find that the Applicant is not a person who falls within the exception. That is, the documentary evidence is not sufficient to displace the premise that the Applicant is to be believed unless good grounds exist to find otherwise.
ORDER
Accordingly, the CRDD's decision is set aside and the matter is referred back for redetermination before a differently constituted panel.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of counsel and solicitors of record
DOCKET: IMM-436-02
STYLE OF CAUSE: SAKTIKANTAN SOMAKANDHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, NOVEMBER 13, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: WEDNESDAY, NOVEMBER 13, 2002
APPEARANCES BY: Mr. Raoul Boulakia
For the Applicant
Mr. Lorne McClenaghan
For the Respondent
SOLICITORS OF RECORD: Raoul Boulakia
Barrister & Solicitor
45 Saint Nicholas Street
Toronto, Ontario
M4Y 1W6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20021113
Docket: IMM-436-02
BETWEEN:
SAKTIKANTAN SOMAKANDHAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND
ORDER
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