Canagasuriam v. Canada ( Minister of Citizenship and Immigration )
IMM-5281-98
Gibson J.
28/9/99
8 pp.
Application for judicial review of visa officer's decision applicant not Convention refugee-Applicant Tamil from Sri Lanka supporting separate Tamil homeland but not member of LTTE-As lawyer, defended Tamils in difficulty with Sri Lankan authorities-In March 1996, applicant and wife fled to Philippines on ground feared persecution by reason of race and political opinions-In May recognized as refugee under mandate of UNHCR-Nevertheless tried to be recognized as Convention refugee in Canada-Application allowed-Visa officer erred in not considering fact applicant recognized as refugee under mandate of UNHCR-Concept of well-founded fear of persecution forward-looking-Past evidence not necessarily determinative, but factor to be considered-Even when past experiences amount only to harassment when considered cumulatively, as they must be-Threshold for well-founded fear of persecution not high one-Sufficient if person concerned establishes serious possibility will face persecution-Here, visa officer individually analysed four events in applicant's past experience, thereby failing to consider their cumulative effect-Further, visa officer engaged in no analysis whatsoever as to whether applicant faced serious possibility of persecution if required to return to Sri Lanka, not merely because of past events taken individually, but also because of his race, his undisputed commitment to separate Tamil homeland, his position of influence as lawyer, and his established pattern of endeavouring to help Tamils in difficulty with authorities.