Sinnathamby v. Canada ( Minister of Employment and Immigration )
IMM-179-93
Noël J.
2/11/93
7 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee -- Applicant, Jaffna Tamil from Sri Lanka, returning to Sri Lanka in 1992 after absence of 14 years in United Arab Emirates-Number of incidents occurring during visits back to Sri Lanka in 1986 and 1989 -- Board accepting applicant's testimony as credible-However not satisfied "reasonable chance" or "serious possibility" claimant would be persecuted if returning to Sri Lanka -- Board holding applicant not individually targeted by Sri Lankan authorities -- Application must succeed on all grounds-Not open to Board to exclude extortion from indicia of persecution without looking into reason for extortion and motivation of applicant in paying extortion fee -- In holding applicant's experience at hands of Eelam People's Democratic Party in Colombo isolated, single incident, Board ignoring applicant's encounter with Eelam People's Revolutionary Liberation Front, documented evidence of Tamils' arrests-Board's conclusion applicant not individually targeted ignoring fact applicant Jaffna Tamil -- Board's conclusion as to existence of internal flight alternative in Colombo ignoring difficulties encountered by applicant on return to Colombo -- State of affairs in Colombo 17 years ago irrelevant in assessing present state of affairs -- Application allowed.