Rajathurai v. Canada ( Minister of Citizenship and Immigration )
IMM-2548-94
Gibson J.
30/6/95
7 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee -- Applicant, citizen of Sri-Lanka of Tamil ethnicity, having fled to Colombo, detained, beaten and abused by state agents (Colombo incident) in response to acts of terrorism committed by political faction (LTTE) -- CRDD finding well-founded fear of persecution restricted to parts of Sri-Lanka not under absolute control of government, thus rendering Colombo IFA -- CRDD holding terrorist acts committed by LTTE demanding response from Sri Lankan security forces and may justify mass arrest and detention of Tamils: Colombo incident constituting government response matching enormity of LTTE terrorism -- Neither documentary evidence nor LTTE terrorism can justify violence and beatings of those persons rounded up in name of protection of general population-Persecutory actions of state officials cannot be changed by nature of public purpose for actions carried out -- Documentary evidence cited by CRDD providing: (1) no evidence for conclusion persons in like position to applicant having success in invoking support of human rights agencies or political parties for protection against Colombo incident-like treatment; and (2) little support for conclusion Colombo constituting viable IFA for applicant -- CRDD erring in application of IFA test -- Application allowed.