Shanmugalingam v. Canada (Minister of Citizenship and Immigration)

Shanmugalingam v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-07-10
Neutral citation
2002 FCT 767
File numbers
IMM-3876-01
Decision Content
Date: 20020710
Docket: IMM-3876-01
Neutral citation: 2002 FCT 767
Toronto, Ontario, Wednesday, the 10th day of July, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
THANALEDCHUMY SHANMUGALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the "CRDD"), dated July 23, 2001, wherein the CRDD determined that the Applicant is not a Convention refugee.
[2] The Applicant is a 69 year-old citizen of Sri Lanka. The Applicant is a Tamil who based her claim on a well-founded fear of persecution at the hands of the Liberation Tamil Tigers of Eelam (LTTE) and the Tamil Eelam Liberation Organization (TELO) on the grounds of imputed political opinion, nationality and membership in a particular social group.[3] The Applicant alleged that she fears TELO members who began extorting money from her in June 2000 on the presumption that her daughters living abroad could help pay. The Applicant gave them her cash and jewellery; however, they continued to demand money and threatened to take her away and shoot her. [4] The CRDD accepted the Applicant's identity as a Jaffna Tamil and found her testimony to be credible. The CRDD acknowledged the Applicant's subjective fear, but found that there was no objective element. The CRDD concluded that the documentary evidence did not indicate that the Applicant did not meet the profile of targeted individuals.[5] The Applicant brings this judicial review challenging the reasonableness of the CRDD's conclusion regarding the objective basis for the Applicant's fear. The Applicant submits that the documentary evidence clearly indicates that TELO is a widespread organization responsible for torture, detention and widespread extortion. In addition, the Applicant submits that by definition, a person subject to extortion would face sanctions for not complying with the demands.
[6] On the facts of this case, I accept the Applicant's submissions. I find that on the evidence, and in particular the CRDD's own finding that the Applicant's story was credible, it is unreasonable to conclude that there was no objective basis to the Applicant's fear of persecution. The Applicant is an elderly woman who was being extorted and was already being targeted by TELO. In my opinion, the CRDD's conclusion that she would not face a reasonable possibility of persecution if she were to return to Sri Lanka and be incapable of meeting the group's demands is patently unreasonable. ORDER
1. Accordingly, the CRDD's decision is set aside and the matter is referred back for redetermination by a different panel.
"Douglas R. Campbell"
Judge
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3876-01
STYLE OF CAUSE: THANALEDCHUMY SHANMUGALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: WEDNESDAY, JULY 10, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: WEDNESDAY, JULY 10, 2002
APPEARANCES: Mr. John M. Guoba
For the Applicant
Mr. Michael Butterfield
For the Respondent
SOLICITORS OF RECORD: John M. Guoba
Barrister & Solicitor
2425 Eglinton Avenue East
Suite 211
Toronto, Ontario
M1K 5G8
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20020710
Docket:IMM-3876-01
Between:
THANALEDCHUMY SHANMUGALINGAM
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER