Date: 20000612
Docket: IMM-3866-99
MONTRÉAL, QUEBEC, JUNE 12, 2000
PRESENT: THE HONOURABLE MR. JUSTICE DENAULT
BETWEEN: PUSHPAMANI NADARAJAH
Plaintiff
AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
Application for judicial review of an IRB decision rendered on July 23, 1999 by Board members Lawrence Lang and Mona Beauchemin in case M98-01100.
REASONS FOR ORDER AND ORDER
[1] As the plaintiff was unable to show any error in the Refugee Division's decision that could justify this Court's intervention, the application for judicial review must be dismissed.
[2] It was not unreasonable in the case at bar for the Refugee Division to dismiss this third application for refugee status made by this 68-year-old woman who alleged that she could not obtain internal refuge within Sri Lanka, specifically in Colombo, because of a change of circumstances that had occurred in her country. The plaintiff had to establish this change of situation in her country,1 otherwise her application for refugee status would be inadmissible (s. 46.01(1)c)); but she was unable to establish this. It further appeared that it was the presence of her three daughters and brother in Canada which prompted her to claim refugee status: however, that is not as such a basis for a claim.
[3] There is no serious question to be certified in the case at bar.
[4] The application for judicial review is dismissed.
| PIERRE DENAULT Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
| Federal Court of Canada Trial Division Date: 20000612 Docket: IMM-3866-99 BETWEEN: PUSHPAMANI NADARAJAH Plaintiff AND THE MINISTER OF CITIZENSHIP AND IMMIGRATION Defendant REASONS FOR ORDER AND ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE: IMM-3866-99 |
| STYLE OF CAUSE: PUSHPAMANI NADARAJAH |
AND
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| PLACE OF HEARING: MONTRÉAL |
| DATE OF HEARING: JUNE 12, 2000 |
| REASONS BY: DENAULT J. |
| DATED: JUNE 12, 2000 |
APPEARANCES:
| Marc Chénard FOR THE PLAINTIFF |
| Patricia Deslauriers FOR THE DEFENDANT |
SOLICITORS OF RECORD:
| Marc Chénard FOR THE PLAINTIFF |
| Morris Rosenberg FOR THE DEFENDANT |
Deputy Attorney General of Canada
__________________1 Vasquez v. M.C.I., IMM-1979-97 (Rothstein J.), paras. 4 and 5.