Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Kathirkamu v. Canada (Minister of Citizenship and Immigration)

IMM-3430-02

2003 FCT 409, Russell J.

8/4/03

23 pp.

Application for leave and judicial review of Convention Refugee Determination Division (Board) decision applicant,Tamil from Sri Lanka, not Convention refugee-- Applicant claiming fear of persuction from Sri Lankan authorities and from Liberation Tigers of Tamil Eelam-- Whether Board erred in law in disbelieving applicant's identity--Board had no evidence, justification for dismissing applicant's birth certificate and postal identity card--Unless proven fraudulent, these documents credible evidence, irrespective of whether or not Sri Lankan government would accept them as substitutes for National Identity Card (NIC)--Also wrong for Board to presume applicant would know he would need his NIC and therefore would not have given it to smuggler--These errors all contribute to overriding error Board made by rejecting applicant's identity--Board did not consider "all the evidence"--Board's decision filled with so many errors, and so few of Board's credibility findings can be supported, thus, decision must be sent back for rehearing-- Errors with respect to central finding of identity sufficient to grant application in present case.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.