CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Loordu v. Canada (Minister of Citizenship and Immigration)
IMM-1258-00
Campbell J.
25/1/01
6 pp.
Applicant, Tamil from Sri Lanka, low-ranking member of Sri Lankan Police Force (SLPF) between 1989 to 1997, deserted when ordered to report to front lines in civil war--Now claiming fear of persecution by both LTTE and government forces--CRDD found applicant ineligible for "wilful blindness" and complicity in crimes against humanity by SLPF--Application for judicial review of CRDD's finding--Application allowed--CRDD's finding of "wilful blindness" not supported by evidence--Evidence herein not meeting test as stated in Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.)--Instead, evidence applicant merely member of SLPF; did not have personal and knowing participation in persecutorial acts; not member in organization directed to limited, brutal purpose; merely present at scene of persecutorial acts, but such presence not coupled with being associate of principal offenders; did not share common purpose and knowledge with those committing persecutorial acts--As applicant not member of organization directed to limited, brutal purpose, CRDD also erred in imposition of "disassociation" requirement as defined in Penate v. Canada (Minister of Employment and Immigration), [1994] 2 F.C. 79 (T.D.)--CRDD's finding therefore patently unreasonable.