Date: 20040326
Docket: IMM-2045-03
Citation: 2004 FC 476
Toronto, Ontario, March 26th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
VARATHARAJAH SUNTHARAMOORTHY
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the cardinal finding by the Board is that, due to perceived inconsistencies in the evidence, the Applicant failed to prove his identity. Indeed, the finding made is used to support the opinion that the Applicant is not credible.
[2] I am satisfied that the identity finding cannot be sustained on the record. As a result, I find the Board's decision was made in reviewable error.
ORDER
Accordingly, I set aside the Board's decision and refer this matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2045-03
STYLE OF CAUSE: VARATHARAJAH SUNTHARAMOORTHY
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MARCH 26, 2004
REASONS FOR ORDER
AND ORDER BY : CAMPBELL J.
DATED: MARCH 26, 2004
APPEARANCES:
Mr. Kumar S. Sriskanda
FOR THE APPLICANT
Ms. Marina Stefanovic
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Kumar S. Sriskanda
Barrister & Solicitor
Scarborough, Ontario
FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
TRIAL DIVISION
Date: 20040326
Docket: IMM-2045-03
BETWEEN:
VARATHARAJAH SUNTHARAMOORTHY
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER