Thiruvarulselvan v. Canada ( Minister of Citizenship and Immigration )
IMM-3384-98
Blais J.
17/6/99
13 pp.
Judicial review of Senior Immigration Officer's decision applicant ineligible to seek refugee status in Canada pursuant to Immigration Act, s. 46.01-Applicant citizen of Sri Lanka-Fled to Germany where granted refugee status-Claiming persecution in Germany on account of colour-Determination of ineligibility based on finding applicant recognized as Convention refugee in Germany, Germany country to which can be returned-Deportation order issued-Application dismissed-Immigration Act, s. 53 prohibiting removal from Canada of person determined to be ineligible to have Convention refugee claim determined by Refugee Division on basis person described in s. 46.01(1)(a) to country where life or freedom threatened for reasons of race-Pursuant to "adequate alternative remedy principle" explained by Joyal J. in Canadian Pacific Ltd. v. Matsqui Indian Band, [1993] 1 F.C. 74 (T.D.); affd [1995] 1 S.C.R. 3, applicant should apply under s. 53-Basic characteristic of judicial review as exceptional remedy maintained only when no other effective recourse open to litigant-On such application, court must view all circumstances and decide if any other recourse available-Applicant made request to Post-Determination Review Section that case be considered in accordance with s. 53-Decision thereof not on file-S. 53 remedy designed to prevent removal of applicant if feels threatened for reason of race-As other recourse available to applicant, application for judicial review dismissed on this sole basis-Officer not required to evaluate whether applicant could be persecuted if returned to Germany, but rather required to limit assessment to applicant's eligibility to claim refugee status-Officer's assessment based on information applicant granted refugee status-Satisfied on reasonable grounds claimant would be readmitted in Germany-Immigration Act, R.S.C., 1985, c. I-2, ss. 46.01 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14; S.C. 1992, c. 49, s. 36), 53 (as am. by S.C. 1992, c. 49, s. 43).