Iyathurai v. Canada (Minister of Citizenship and Immigration)
Court headnote
Iyathurai v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-04-22 Neutral citation 2003 FCT 475 File numbers IMM-3009-02 Decision Content Date: 20030422 Docket: IMM-3009-02 Neutral citation: 2003 FCT 475 Toronto, Ontario, Tuesday the 22nd day of April, 2003 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: KANAGAMMA IYATHURAI Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a seventy-four year old Tamil woman, gave evidence of her fear of persecution at the hands of the Sri Lankan army and the Eelam People's Democratic Party (EPDP). [2] The CRDD found that the Applicant was credible. [3] As a result, the CRDD found that the army had held the Applicant for two days at an army camp, threatened her, and questioned her about the LTTE. In addition, the CRDD found that the army was guilty of "attempted" extortion in demanding money from her. Indeed, the army gave the Applicant a pass to go to Colombo to obtain the money it demanded. The Applicant did not obtain the money and testified that she had subjective fear that she would again suffer at the hands of the army because their attempt to extort money from her had not succeeded. [4] Even though the CRDD accepted the Applicant's evidence to find the army was guilty of extortion, with the obvious attendant personal risk to the Applicant as a result, it found that the Applicant's fear of…
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Iyathurai v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-04-22 Neutral citation 2003 FCT 475 File numbers IMM-3009-02 Decision Content Date: 20030422 Docket: IMM-3009-02 Neutral citation: 2003 FCT 475 Toronto, Ontario, Tuesday the 22nd day of April, 2003 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: KANAGAMMA IYATHURAI Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, a seventy-four year old Tamil woman, gave evidence of her fear of persecution at the hands of the Sri Lankan army and the Eelam People's Democratic Party (EPDP). [2] The CRDD found that the Applicant was credible. [3] As a result, the CRDD found that the army had held the Applicant for two days at an army camp, threatened her, and questioned her about the LTTE. In addition, the CRDD found that the army was guilty of "attempted" extortion in demanding money from her. Indeed, the army gave the Applicant a pass to go to Colombo to obtain the money it demanded. The Applicant did not obtain the money and testified that she had subjective fear that she would again suffer at the hands of the army because their attempt to extort money from her had not succeeded. [4] Even though the CRDD accepted the Applicant's evidence to find the army was guilty of extortion, with the obvious attendant personal risk to the Applicant as a result, it found that the Applicant's fear of persecution was not well founded. [5] I find it is a reviewable error of fact for the CRDD to accept the Applicants evidence of extortion, and not find subjective and objective fear of persecution as a result. ORDER Accordingly, I set the CRDD's decision aside and refer the matter to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-3009-02 STYLE OF CAUSE: KANAGAMMA IYATHURAI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: TUESDAY, APRIL 22, 2003 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: CAMPBELL J. APPEARANCES BY: Mr. David Yerzy For the Applicant Mr. Stephen Jarvis For the Respondent SOLICITORS OF RECORD: Mr. David Yerzy Barrister & Solicitor 14 Prince Arthur Avenue Suite 108 Toronto, Ontario For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20030422 Docket: IMM-3009-02 BETWEEN: KANAGAMMA IYATHURAI Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca