Visagaperumal v. Canada ( Minister of Citizenship and Immigration )
IMM-6745-93
MacKay J.
8/11/94
11 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee-Applicant, Tamil citizen of Sri Lanka, claimed Convention refugee status upon arrival in Canada in September 1992 on grounds of race, political opinion, membership in particular social group -- Fearing Sri Lankan authorities would persecute him for having provided, though forced to do so, medical treatment to members of LTTE-After arrival in Colombo, he and other Tamils arrested by police-Applicant detained, interrogated, beaten after admitting having provided medical services to LTTE in Jaffna region -- Tribunal accepting much of applicant's testimony -- Finding existence of internal flight alternative in Colombo or elsewhere than Jaffna within Sri Lanka where applicant could reasonably seek refuge-Tribunal's conclusion reasonably supportable on evidence before it-No ground for Court to intervene in relation to assessment of lack of objective basis for claimant's expressed fear of persecution in Colombo -- Tribunal right in assessment of existence of reasonable internal flight alternative for applicant-Reasonable observer would find no basis for claim to apprehension of bias based solely on physical appearance of one member of two-member tribunal -- Those who by physical appearance or name may seem to newcomer to represent threat to ethnic values in another place or another time not to be disqualified as result of such perception-Racism, discrimination as basis for legal implications of which courts take cognizance requiring action demonstrating racial discrimination by, not mere physical appearance of, those responsible for decisions in society -- Tribunal properly exercising discretion under Immigration Act, s. 69.1(8) -- Hearing to proceed with participation of two members originally appointed to hear matter -- Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(8) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60.