S.S. v. Canada (Minister of Citizenship and Immigration)
IMM-3728-98
Tremblay-Lamer J.
11/5/99
8 pp.
Application for judicial review of CRDD’s decision princiap applicant, daughter not Convention refugees—Applicants Tamil citizens of Sri Lanka—Alleging well-founded fear of persecution because of membership in particular social group, young Tamil women—CRDD rejecting claims as evidence, testimony of principal applicant neither trustworthy nor credible—Board indicating applicant unable to produce original of National Identity Card (NIC)—Finding erroneous as Board confusing NIC along with other documentary evidence identifying applicant as young Tamil woman from north of Sri Lanka—Failed to consider all of evidence before it, simply denied applicant’s claim as being not credible—Remaining evidence could have affected assessment of claim, should have been expressly assessed—Board’s conclusion finding “no credible or trustworthy evidence” untenable—Board also rejecting child’s claim, baised on failure of principal applicant’s claim—Documentary evidence before Board stating young Tamil girls being raped, young Tamil girls, boys being recruted by LTTE, used as human shields—Board had duty to assess child’s risk of persecution—By failing to do so and focussing exclusively on principal applicant, Board committed reviewable error—Application granted.