Sathananthan v. Canada ( Minister of Citizenship and Immigration )
IMM-5152-98
Lemieux J.
2/9/99
12 pp.
Application for judicial review of CRDD decision applicant not Convention refugee on basis of credibility and existence of internal flight alternative (IFA)-Applicant Tamil from Sri Lanka claiming fear of persecution on basis of situation involving problems with LTTE in North, suspicion by Sri Lankan authorities of involvement with LTTE, flight to Colombo, arrest and beatings by police in Colombo and seeking of refuge in Canada-Application allowed-CRDD found certain (two) relevant areas in claimant's testimony lacked in trustworthiness and therefore, not credible-However, when CRDD's reasons read as whole, they cannot be properly understood as leading to conclusion CRDD made general finding applicant lacked credibility so as to make applicable principle that general finding of lack of credibility on part of applicant may conceivably extend to all relevant evidence emanating from his testimony-Other important aspects of applicant's evidence of what happened in Colombo not rejected-CRDD's reasons also not in conformity with Hilo v. Canada (Minister of Employment and Immigration) (1991), 130 N.R. 236 (F.C.A.) as did not, in clear and unmistakable terms, find applicant's testimony in entirety false-Furthermore, contradictions cited by CRDD not substantive (see Attakora v. Canada (Minister of Employment and Immigration) (1989), 99 N.R. 168 (F.C.A.))-As to IFA, series of recent judgments from this Court allowed judicial review applications where CRDD had denied Convention refugee claims based on availability of viable IFA in Colombo, despite evidence authorities in Colombo had declared claimant could not remain there-CRDD herein failed to analyse impact of no-safe place in Colombo edict from Sri Lankan authorities in respect of applicant-Such order vitiated premise upon which IFA based.