Somakandhan v. Canada (Minister of Citizenship and Immigration)
Court headnote
Somakandhan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-11-13 Neutral citation 2002 FCT 1179 File numbers IMM-436-02 Decision Content Date: 20021113 Docket: IMM-436-02 Neutral citation: 2002 FCT 1179 Toronto, Ontario, Wednesday, the 13th day of November, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: SAKTIKANTAN SOMAKANDHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, who claims refugee status as a young Tamil from northern Sri Lanka, was unable to testify because of his suffering from post-traumatic stress disorder. As a result, and properly so, the CRDD decided the case on his PIF only. [2] In the process, the CRDD discounted the Applicant's evidence in his PIF that he was persecuted at the hands of government authorities in Colombo because his evidence did not accord with documentary evidence. [3] However, in the course of rendering its decision, the CRDD did acknowledge that there had been terrible abuses against Tamils in Colombo, but they seemed to be the exception. As a result of this acknowledgment, I find a reviewable error in the CRDD's decision. [4] In my opinion, on the face of the record, it is not possible for the CRDD to find that the Applicant is not a person who falls within the exception. That is, the documentary evidence is not sufficient to displace the premise that the Applicant is to be b…
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Somakandhan v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-11-13 Neutral citation 2002 FCT 1179 File numbers IMM-436-02 Decision Content Date: 20021113 Docket: IMM-436-02 Neutral citation: 2002 FCT 1179 Toronto, Ontario, Wednesday, the 13th day of November, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: SAKTIKANTAN SOMAKANDHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, the Applicant, who claims refugee status as a young Tamil from northern Sri Lanka, was unable to testify because of his suffering from post-traumatic stress disorder. As a result, and properly so, the CRDD decided the case on his PIF only. [2] In the process, the CRDD discounted the Applicant's evidence in his PIF that he was persecuted at the hands of government authorities in Colombo because his evidence did not accord with documentary evidence. [3] However, in the course of rendering its decision, the CRDD did acknowledge that there had been terrible abuses against Tamils in Colombo, but they seemed to be the exception. As a result of this acknowledgment, I find a reviewable error in the CRDD's decision. [4] In my opinion, on the face of the record, it is not possible for the CRDD to find that the Applicant is not a person who falls within the exception. That is, the documentary evidence is not sufficient to displace the premise that the Applicant is to be believed unless good grounds exist to find otherwise. ORDER Accordingly, the CRDD's decision is set aside and the matter is referred back for redetermination before a differently constituted panel. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of counsel and solicitors of record DOCKET: IMM-436-02 STYLE OF CAUSE: SAKTIKANTAN SOMAKANDHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: WEDNESDAY, NOVEMBER 13, 2002 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: WEDNESDAY, NOVEMBER 13, 2002 APPEARANCES BY: Mr. Raoul Boulakia For the Applicant Mr. Lorne McClenaghan For the Respondent SOLICITORS OF RECORD: Raoul Boulakia Barrister & Solicitor 45 Saint Nicholas Street Toronto, Ontario M4Y 1W6 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20021113 Docket: IMM-436-02 BETWEEN: SAKTIKANTAN SOMAKANDHAN Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca