Balachandran v. Canada ( Minister of Employment and Immigration )
A-773-91
Létourneau J.A.
21/4/93
3 pp.
Appeal from Immigration and Refugee Board, Convention Refugee Determination Division's dismissal of Convention refugee claim on basis no reasonable fear of persecution in Sri Lanka, and claimant having internal flight alternative -- Appellant relying on Rasaratnam v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. 706 (C.A.) wherein held internal flight alternative issue must be expressly raised at hearing and claimant afforded opportunity to address it -- Appeal dismissed -- No need for Board to notify claimant of intention to consider internal flight alternative issue in reasoning and finding where issue raised by refugee hearing officer during proceedings -- Refugee hearing officer questioning claimant about problems with military, Tamil Tigers during stay in Colombo -- Submissions to Board by refugee hearing officer and claimant's counsel also debating issue -- No need for more formalistic notice or procedure -- Board correctly finding appellant having such internal flight alternative.