Sivayoganathan v. Canada ( Minister of Citizenship and Immigration )
IMM-4979-93
Noël J.
7/11/94
12 pp.
Application for judicial review of Immigration and Refugee Board, Refugee Division ("Board") determination applicant not Convention refugee on basis claim having no credible basis pursuant to Act, s. 69.1(9.1)-Applicant from Sri Lanka, repeatedly fleeing village, refugee camp, and subsequent settlements-Applicant detained, interrogated and gang-raped in army camp-Applicant's son and husband arrested-Applicant forced to assist army as informant-In finding testimony unreliable based on applicant's demeanour, Board disregarding medical assessment-Although credibility assessment based demeanour generally unassailable on judicial review, Board having obligation to explain rejection of relevant medical report-Having accepted allegation of gang-rape, and noting testimony regarding rape impacted upon by trauma, Board's finding rapes not impacting on rest of testimony and Board's rejection of medical opinion without explanation plainly capricious-Rejection of medical evidence explaining demeanour without explanation significant error as leading to general finding of lack of credibility and subsequent negative inferences drawn by Board-Court holding no evidentiary foundation to other negative inferences drawn by Board on basis of adverse credibility finding-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).