Date: 20030422
Docket: IMM-3009-02
Neutral citation: 2003 FCT 475
Toronto, Ontario, Tuesday the 22nd day of April, 2003
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
KANAGAMMA IYATHURAI
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, the Applicant, a seventy-four year old Tamil woman, gave evidence of her fear of persecution at the hands of the Sri Lankan army and the Eelam People's Democratic Party (EPDP).
[2] The CRDD found that the Applicant was credible.
[3] As a result, the CRDD found that the army had held the Applicant for two days at an army camp, threatened her, and questioned her about the LTTE. In addition, the CRDD found that the army was guilty of "attempted" extortion in demanding money from her. Indeed, the army gave the Applicant a pass to go to Colombo to obtain the money it demanded. The Applicant did not obtain the money and testified that she had subjective fear that she would again suffer at the hands of the army because their attempt to extort money from her had not succeeded.
[4] Even though the CRDD accepted the Applicant's evidence to find the army was guilty of extortion, with the obvious attendant personal risk to the Applicant as a result, it found that the Applicant's fear of persecution was not well founded.
[5] I find it is a reviewable error of fact for the CRDD to accept the Applicants evidence of extortion, and not find subjective and objective fear of persecution as a result.
ORDER
Accordingly, I set the CRDD's decision aside and refer the matter to a differently constituted panel for redetermination.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-3009-02
STYLE OF CAUSE: KANAGAMMA IYATHURAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, APRIL 22, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: CAMPBELL J.
APPEARANCES BY: Mr. David Yerzy
For the Applicant
Mr. Stephen Jarvis
For the Respondent
SOLICITORS OF RECORD: Mr. David Yerzy
Barrister & Solicitor
14 Prince Arthur Avenue
Suite 108
Toronto, Ontario
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20030422
Docket: IMM-3009-02
BETWEEN:
KANAGAMMA IYATHURAI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER