Date: 19980831
Docket: IMM-3834-97
BETWEEN:
PARAMAKUMAR PARAMANANTHAM
MIRUNALINI PARAMANANTHAM
VELKUMAR PARAMANANTHAM
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Monday, August 24, 1998 as edited)
ROTHSTEIN, J.:
[1] The applicants' allege legal and factual errors and unfair process by the visa officer. As to unfair process there is no evidence submitted by the applicants. There is only a suggestion from applicants' counsel, based on an abrupt conclusion to the visa officer's notes, that the applicants were not able to present their entire story. This argument was not included in the written memorandum submitted by applicants' counsel and was only introduced in oral argument. The visa officer's notes only summarize what transpired at the interview. Without something more from the applicants I am unable to infer that they were cut off or otherwise prevented from giving the information they wished to give.
[2] The legal error alleged by the applicants is that the visa officer concentrated on absence of past persecution rather than looking forward. It is also submitted that he only considered the question of political involvement and no other Convention refugee ground. However, the applicants' applications make no reference to any persecution experienced by them in Sri Lanka. Indeed the question: "Why did you leave your country" was answered: "There was no future for me and my family". In the narrative of the written application the applicants simply say they wish to join their family members residing in Canada, make a home in Canada, find employment, and live in Canada. Other possible listed answers: "I was persecuted"; " My life was in danger"; " I was a sympathiser of the anti-governmental movement"; etc. were not checked by the applicants on the application form.
[3] The onus is on the applicants to establish their claim to Convention refugee status. It is not on the visa officer to canvass possible bases for such a claim in the absence of any indication by the applicants of any ground for seeking Convention refugee status in Canada. Applicants' counsel says that the visa officer should have known that Tamils from the north of Sri Lanka have been subjected to persecution there. However, if the applicants were subjected to persecution in the north of Sri Lanka because they were Tamils, or if they were of the view that they would experience such persecution for that reason, they would have said so in their application. There is no presumption of persecution.
[4] Indeed the visa officer's notes indicate some questions and answers pertaining to their situation in the north of Sri Lanka. The answers indicate no political involvement by the applicants. Rather, the applicants said they left because of the war between the LTTE and the army and not that they were concerned that either side was looking for them in Sri Lanka.
[5] On the evidence, the applicants did not come within the Convention refugee definition and the visa officer did not err in rejecting their application. It is not necessary to consider the alleged factual errors made by the visa officer because they relate to the applicants' status in India. As the applicants did not meet the Convention refugee definition, their status outside of Sri Lanka did not have to be determined.
[6] The judicial review is dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 31, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3834-97
| STYLE OF CAUSE: PARAMAKUMAR PARAMANANTHAM |
| MIRUNALINI PARAMANANTHAM |
| VELKUMAR PARAMANANTHAM |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: MONDAY, AUGUST 24, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: MONDAY, AUGUST 31, 1998
APPEARANCES: Mr. Michael F. Battista
For the Applicants
Ms. Leena Jaakkimainen
| For the Respondent |
| SOLICITORS OF RECORD: Wiseman & Associates |
Barristers & Solicitors
1033 Bay Street, Suite 205
Toronto, Ontario
M5S 3A5
For the Applicants
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980831
Docket: IMM-3834-97
Between:
| PARAMAKUMAR PARAMANANTHAM |
| MIRUNALINI PARAMANANTHAM |
| VELKUMAR PARAMANANTHAM |
Applicants
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER