Date: 19980724
Docket: IMM-3710-97
BETWEEN:
GIRISHANTHI KULENDRAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.:
[1] Respecting the visa officer's decision denying the applicant's application for permanent residence, and in particular, the visa officer's determination under s. 7(1) of the Immigration Regulations that the applicant is not a Convention refugee, there is an admitted critical error in the visa officer's finding of fact.
[2] I find that the repeated attempts by the LTTE to recruit the applicant is not "canvassing" as found by the visa officer, and it is an error in fact to so describe the conduct concerned.
[3] The important actual evidence of the contact between the applicant and the LTTE was disregarded by the visa officer in reaching her decision, and therefore, I find that, under s. 18.1(4)(d) of the Federal Court Act, the decision was made without regard for the materials before the visa officer.
[4] Accordingly, I set the decision aside and refer this matter to another visa officer for redetermination.
"Douglas R. Campbell"
Judge
Toronto, Ontario
July 24, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3710-97
| STYLE OF CAUSE: GIRISHANTHI KULENDRAN |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 24, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: CAMPBELL, J.
DATED: JULY 24, 1998
APPEARANCES:
Ms. Beverley Thorburn
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD:
Bernholtz & Thorburn
Barristers & Solicitors
350 - 255 Morningside Avenue
Scarborough, Ontario
M1E 3E6
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980724
Docket: IMM-3710-97
Between:
| GIRISHANTHI KULENDRAN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER