Sooriyakumaran v. Canada ( Minister of Citizenship and Immigration )
IMM-4099-97
Lutfy J.
1/10/98
5 pp.
CRDD denying applicant, citizen of Sri Lanka, Convention refugee status on ground of internal flight alternative (IFA) in Colombo-Sons, who had been targeted as LTTE recruits, obtained refugee status in Canada-Applicant made her refugee claim shortly after her arrival in November 1996-Applicant's husband disappeared in 1985, parents deceased, has no other family members in Sri Lanka-Applying twofold test for IFA, CRDD found (1) on balance of probabilities, no serious possibility of her being persecuted in Colombo; (2) in all circumstances, conditions in Colombo such that not unreasonable or unduly harsh to expect her to seek refuge there-Application allowed-Presence in Canada of her two children, both minors and Convention refugees, kind of particular circumstance that tribunal ought to have considered in assessing whether Colombo unduly harsh refuge for her-Applicant's family situation simply human factor that ought not to be excluded in applying second branch of IFA test: Ramanathan v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 1210 (T.D.) (QL)-Error in law for CRDD to close its mind to natural bond between parent and her minor children, particularly when all three had established fear of persecution in northern Sri Lanka.