Sitsabeshan v. Canada ( Secretary of State )
IMM-1014-93
Gibson J.
22/6/94
7 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicants not Convention refugees under Immigration Act -- Applicants citizens of Sri Lanka, of Tamil nationality -- Claims to Convention refugee status based on alleged well-founded fear of persecution by reason of nationality, political opinion and membership in particular social group -- Applicant's evidence before CRDD less than satisfactory -- CRDD wrong in finding Special Task Force finally came to believe adult applicant's assertion husband was missing-CRDD's decision set aside, matter referred back for redetermination-CRDD should take into account record before previous panel as well as any other evidence new panel considers appropriate -- Not necessary, when matter returned to CRDD for redetermination, to revert to beginning -- Sould be possible to overcome weakness in earlier evidence by supplementing that evidence -- Immigration Act, R.S.C., 1985, c. I-2.