Periyathamby v. Canada ( Minister of Citizenship and Immigration )
IMM-6846-93
Rouleau J.
6/1/95
6 pp.
Application for judicial review of Convention Refugee Determination Division ("tribunal") decision denying Convention refugee status to eighty-three-year-old citizen of Sri Lanka-Applicant fleeing Sri Lanka following killing of two sons and obtaining Convention refugee status in Germany -- Applicant leaving Germany following killing of another son by Sri Lankan militant group and coming to Canada where applicant's daughter, with whom she had been living, accepted as landed immigrant -- Applicant making claim for Convention refugee status in Canada after expiry of visitor's visa -- Applicant wheelchair bound and in need of medical attention -- Applicant submitting survival dependent on ability to stay in Canada as requiring physical and financial support from three remaining children who all live in Canada -- Applicant unable to return to Germany as permanent resident -- Tribunal denying claim on ground existence of Internal Flight Alternative (IFA) -- Convention refugee status granted only where expectation applicant seek refuge in IFA unduly harsh rather than merely unpleasant -- Tribunal correctly determining reasonable for applicant to return to IFA under circumstances -- Canada not in position to provide refuge for all aged, infirm, impoverished or homeless persons of the world.