Atputharajah v. Canada (Minister of Citizenship and Immigration)
Court headnote
Atputharajah v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-02-25 Neutral citation 2003 FCT 230 File numbers IMM-2164-01 Decision Content Date: 20030225 Docket: IMM-2164-01 Neutral Citation: 2003 FCT 230 Ottawa, Ontario, Tuesday, this 25th day of February, 2003. Present: THE HONOURABLE MR. JUSTICE KELEN Between: CHRISHANTH ATPUTHARAJAH Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER This is an application for judicial review of the decision of Merril Clarke, visa officer at the Canadian High Commission in London, refusing an applicant's request as a Convention refugee seeking resettlement. The applicant is a Sri Lankan citizen residing in the United Kingdom who claims he was compelled to do medical work for the LTTE. The visa officer found the applicant not credible and refused the application because he believed that either: (a) as a former or current member of the LTTE, the applicant was inadmissible pursuant to subparagraph 19(1)(f)(iii)(b) of the Immigration Act, R.S.C. 1985, c. I-2 (the "Act") and was excluded from the definition of a Convention refugee pursuant to Article 1F(c) of the Refugee Convention; or (b) if he was not a member of the LTTE then he did not have a well-founded fear persecution. The applicant submits that the visa officer's decision is unreasonable with respect to his membership in the LTTE. The Court has reviewed the evidence and the visa o…
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Atputharajah v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2003-02-25 Neutral citation 2003 FCT 230 File numbers IMM-2164-01 Decision Content Date: 20030225 Docket: IMM-2164-01 Neutral Citation: 2003 FCT 230 Ottawa, Ontario, Tuesday, this 25th day of February, 2003. Present: THE HONOURABLE MR. JUSTICE KELEN Between: CHRISHANTH ATPUTHARAJAH Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER This is an application for judicial review of the decision of Merril Clarke, visa officer at the Canadian High Commission in London, refusing an applicant's request as a Convention refugee seeking resettlement. The applicant is a Sri Lankan citizen residing in the United Kingdom who claims he was compelled to do medical work for the LTTE. The visa officer found the applicant not credible and refused the application because he believed that either: (a) as a former or current member of the LTTE, the applicant was inadmissible pursuant to subparagraph 19(1)(f)(iii)(b) of the Immigration Act, R.S.C. 1985, c. I-2 (the "Act") and was excluded from the definition of a Convention refugee pursuant to Article 1F(c) of the Refugee Convention; or (b) if he was not a member of the LTTE then he did not have a well-founded fear persecution. The applicant submits that the visa officer's decision is unreasonable with respect to his membership in the LTTE. The Court has reviewed the evidence and the visa officer's credibility finding and finding of fact with respect to the applicant's membership in LTTE. Both with respect to the credibility finding and the finding of fact, the Court finds that the decision was reasonably open to the visa officer. Accordingly, the application is dismissed. No question for certification was proposed, nor is one certified. ORDER THIS COURT HEREBY ORDERS THAT: The application for judicial review of the decision of a visa officer is dismissed. ____"Michael A. Kelen" _________________________ J.F.C.C. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-2164-01 STYLE OF CAUSE: CHRISHANTH ATPUTHARAJAH Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: TUESDAY, FEBRUARY 11, 2003 REASONS FOR ORDER AND ORDER BY: THE HONOURABLE MR. JUSTICE KELEN DATED: TUESDAY, FEBRUARY 25, 2003 APPEARANCES BY: Mr. Lorne Waldman For the Applicant Mr. Stephen H. Gold For the Respondent SOLICITORS OF RECORD: Mr. Lorne Waldman Jackman, Waldman & Associates Barristers & Solicitors 281 Eglinton Ave. East Toronto, ON M4P 1L3 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20030225 Docket: IMM-2164-01 BETWEEN: CHRISHANTH ATPUTHARAJAH Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca