Date: 19990312
Docket: IMM-2121-98
BETWEEN:
VIJAYARATNAM DHARMALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED J. (expanded version of reasons given orally)
[1] I have been persuaded that the decision under review must be set aside. The IFA finding is not supportable on the basis adjudicated by the panel. In order to have an IFA in a place, the person must be able to live in that place. In this case, the applicant"s evidence was that the government was only issuing passes for northern Tamils to reside in Colombo for a temporary period of time. His agent had taken responsibility for ensuring that he leave Colombo within the week. After arriving in Colombo, his evidence was that he had been arrested, beaten, and told he must be sure to leave Colombo within the week. None of this evidence is referred to by the panel. Instead, it relies on the situation described as having existed during the previous ten years. There is documentary evidence that the government"s position changed in recent years and it is now requiring northern Tamils to have government permission before they can move to Colombo. It is not sufficient to refer to the increasing Tamil population in Colombo as evidence that this applicant could in 1998 live there. At the very least, the panel must address the evidence particular to this applicant"s situation and indicate why it disbelieves it, or draws a contrary conclusion to that drawn by the applicant.
[2] For the reasons given the decision under review is set aside and the matter referred back for rehearing by a differently constituted panel.
"B. Reed"
J.F.C.C.
TORONTO, ONTARIO
March 12, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2121-98
| STYLE OF CAUSE: VIJAYARATNAM DHARMALINGAM |
and -
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION, |
DATE OF HEARING: FRIDAY, MARCH 12, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR ORDER BY: REED J. |
DATED: FRIDAY, MARCH 12, 1999
APPEARANCES: Mr. Lorne Waldman
For the Applicant
Ms. Geraldine MacDonald
For the Respondent
SOLICITORS OF RECORD: Jackman, Waldman & Associates
Barrister & Solicitor
281 Eglinton Ave. E.
Toronto, Ontario
M4P 1L3
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990312
Docket: IMM-2121-98
Between:
| VIJAYARATNAM DHARMALINGAM |
| Applicant |
- and -
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION, |
Respondent
REASONS FOR ORDER