Ramanathan v. Canada ( Minister of Citizenship and Immigration )
IMM-5091-97
Hugessen J.
1/9/98
8 pp.
Application for judicial review of CRDD decision applicant not Convention refugee-Whether IFA in Colombo-Applicant, 75-year-old citizen of Sri Lanka, became separated from wife and three children during civil strife in northern Sri Lanka, when fled to Colombo-Has not heard from them since-Applicant now lives with son, daughterin-law and five grand children in Canada-Highly dependent on son and grand children-CRDD acknowledged that applicant, without aid of son and his family, would not be able to attend to his daily living activities-CRDD nevertheless found applicant had viable IFA in Colombo where could live in one of number of government-run homes for elderly Tamils such as himself-CRDD excluded humanitarian and compassionate considerations in determination of whether IFA available-Issue whether would be unduly harsh to require applicant to return to Colombo-Test of whether IFA unreasonable or unduly harsh in all circumstances bound to involve consideration of some factors which will undoubtedly be same sort of considerations taken into account in humanitarian and compassionate relief-If every humanitarian consideration were excluded, there would be nothing left-Therefore, CRDD unduly fettered itself in view it took of IFA test-Board erred in law in taking too absolute a view of limitations on its consideration of humanitarian and compassionate factor.