Suntharamoorthy v. Canada (Citizenship and Immigration)
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Suntharamoorthy v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-26 Neutral citation 2004 FC 476 File numbers IMM-2045-03 Decision Content Date: 20040326 Docket: IMM-2045-03 Citation: 2004 FC 476 Toronto, Ontario, March 26th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: VARATHARAJAH SUNTHARAMOORTHY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the cardinal finding by the Board is that, due to perceived inconsistencies in the evidence, the Applicant failed to prove his identity. Indeed, the finding made is used to support the opinion that the Applicant is not credible. [2] I am satisfied that the identity finding cannot be sustained on the record. As a result, I find the Board's decision was made in reviewable error. ORDER Accordingly, I set aside the Board's decision and refer this matter to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2045-03 STYLE OF CAUSE: VARATHARAJAH SUNTHARAMOORTHY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MARCH 26, 2004 REASONS FOR ORDER AND ORDER BY : CAMPBELL J. DATED: MARCH 26, 2004 APPEARANCES: Mr. Kumar S. Sriskanda FOR THE APPLICANT Ms. Marina Stefanovic FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Kumar S. Sriskanda Barrister & So…
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Suntharamoorthy v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-03-26 Neutral citation 2004 FC 476 File numbers IMM-2045-03 Decision Content Date: 20040326 Docket: IMM-2045-03 Citation: 2004 FC 476 Toronto, Ontario, March 26th, 2004 Present: The Honourable Mr. Justice Campbell BETWEEN: VARATHARAJAH SUNTHARAMOORTHY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the cardinal finding by the Board is that, due to perceived inconsistencies in the evidence, the Applicant failed to prove his identity. Indeed, the finding made is used to support the opinion that the Applicant is not credible. [2] I am satisfied that the identity finding cannot be sustained on the record. As a result, I find the Board's decision was made in reviewable error. ORDER Accordingly, I set aside the Board's decision and refer this matter to a differently constituted panel for redetermination. "Douglas R. Campbell" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-2045-03 STYLE OF CAUSE: VARATHARAJAH SUNTHARAMOORTHY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MARCH 26, 2004 REASONS FOR ORDER AND ORDER BY : CAMPBELL J. DATED: MARCH 26, 2004 APPEARANCES: Mr. Kumar S. Sriskanda FOR THE APPLICANT Ms. Marina Stefanovic FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Kumar S. Sriskanda Barrister & Solicitor Scarborough, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT TRIAL DIVISION Date: 20040326 Docket: IMM-2045-03 BETWEEN: VARATHARAJAH SUNTHARAMOORTHY Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca