CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kathirkamu v. Canada (Minister of Citizenship and Immigration)
IMM-3430-02
2003 FCT 409, Russell J.
8/4/03
23 pp.
Application for leave and judicial review of Convention Refugee Determination Division (Board) decision applicant,Tamil from Sri Lanka, not Convention refugee-- Applicant claiming fear of persuction from Sri Lankan authorities and from Liberation Tigers of Tamil Eelam-- Whether Board erred in law in disbelieving applicant's identity--Board had no evidence, justification for dismissing applicant's birth certificate and postal identity card--Unless proven fraudulent, these documents credible evidence, irrespective of whether or not Sri Lankan government would accept them as substitutes for National Identity Card (NIC)--Also wrong for Board to presume applicant would know he would need his NIC and therefore would not have given it to smuggler--These errors all contribute to overriding error Board made by rejecting applicant's identity--Board did not consider "all the evidence"--Board's decision filled with so many errors, and so few of Board's credibility findings can be supported, thus, decision must be sent back for rehearing-- Errors with respect to central finding of identity sufficient to grant application in present case.