Sinnathamby v. Canada (Minister of Citizenship and Immigration)
Court headnote
Sinnathamby v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-08-23 Neutral citation 2005 FC 1153 File numbers IMM-4252-04 Decision Content Date: 20050823 Docket: IMM-4252-04 Citation: 2005 FC 1153 BETWEEN: RASIAH SINNATHAMBY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER SIMPSON J. NATURE OF PROCEEDING [1] The Applicant seeks judicial review of a decision of a member of the Immigration and Refugee Protection board (the "Board"), dated April 22, 2004 in which it determined that the Applicant is not a Convention refugee (the "Decision"). [2] The Applicant is an elderly Tamil gentleman who has a number of children living abroad in developed countries. He testified that, for this reason, he has repeatedly been the victim of extortion attempts at the hands of the LTTE. He has been beaten once and threatened with death on two occasions. The Applicant's children arranged for an agent to take the Applicant out of the country. He fled Sri Lanka on June 12, 2003 and arrived in Toronto the same day. He made his claim on June 16, 2003. [3] The issue in this case is the adequacy of the reasons. [4] The Board accepted the Applicant's evidence and concluded that it was common for the LTTE to extort money and that the practice continued. However, although the Board found that an assessment under section 97 to the Immigration and Refugee Protection Act, S.C. 2001, c.27 was warranted, it did not act…
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Sinnathamby v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2005-08-23 Neutral citation 2005 FC 1153 File numbers IMM-4252-04 Decision Content Date: 20050823 Docket: IMM-4252-04 Citation: 2005 FC 1153 BETWEEN: RASIAH SINNATHAMBY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER SIMPSON J. NATURE OF PROCEEDING [1] The Applicant seeks judicial review of a decision of a member of the Immigration and Refugee Protection board (the "Board"), dated April 22, 2004 in which it determined that the Applicant is not a Convention refugee (the "Decision"). [2] The Applicant is an elderly Tamil gentleman who has a number of children living abroad in developed countries. He testified that, for this reason, he has repeatedly been the victim of extortion attempts at the hands of the LTTE. He has been beaten once and threatened with death on two occasions. The Applicant's children arranged for an agent to take the Applicant out of the country. He fled Sri Lanka on June 12, 2003 and arrived in Toronto the same day. He made his claim on June 16, 2003. [3] The issue in this case is the adequacy of the reasons. [4] The Board accepted the Applicant's evidence and concluded that it was common for the LTTE to extort money and that the practice continued. However, although the Board found that an assessment under section 97 to the Immigration and Refugee Protection Act, S.C. 2001, c.27 was warranted, it did not actually consider whether the Applicant faced a risk of cruel and unusual treatment in Sri Lanka. [5] Having reached this conclusion, it is not necessary to consider the Applicant's other grounds for judicial review. [6] An order will be made setting the Decision aside and referring the matter back for redetermination. "Sandra J. Simpson" Ottawa, Ontario August 23, 2005 FEDERAL COURT Names of Counsel and Solicitors of Record DOCKET: IMM-4252-04 STYLE OF CAUSE: RASIAH SINNATHAMBY Applicant - and - MINISTER OF CITIZENSHIP AND IMMIGRATION Respondents PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MAY 10, 2005 REASONS FOR ORDER AND ORDER BY: SIMPSON, J. DATED: AUGUST 23, 2005 APPEARANCES BY: Ms. Jackie Esmond Applicant Ms. Ann Margaret Oberst Respondent SOLICITORS OF RECORD: Roach, Schwartz, & Associates Toronto, ON Applicant John H. Sims, Q.C. Deputy Attorney General of Canada Respondent
Source: decisions.fct-cf.gc.ca