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Alvapillai v. Canada ( Minister of Citizenship and Immigration )

IMM-4226-97

Rothstein J.

13/8/98

3 pp.

Internal flight alternative (IFA)-IRB panel found lack of persuasive evidence persons like applicant, young Tamil arriving from northern Sri Lanka, forbidden to settle in Colombo and found Colombo viable IFA-However, evidence in material before panel indicating police, in November 1996, introduced new rule allowing only three-day stay in Colombo for Tamils arriving from north-In circumstances, panel ignored evidence when determined Colombo constituted viable IFA for applicant-Furthermore, panel wrong in saying onus on applicant to test viability of IFA before seeking surrogate protection of Canada-Judicial review allowed.

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