Date: 19980727
Docket: IMM-5041-97
BETWEEN:
VIJEVA KUPENDIRAN
SIRINTHANA KUPENDIRAN
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Delivered from the Bench at Toronto, Ontario
on Monday, July 27, 1998)
LINDEN, J.A.
[1] Despite a spirited argument by Ms. Rigaud about the frail basis for the Panel's finding of lack of credibility of the applicant, and Mr. Lunney's gracious acknowledgement of that frailty, the application must be dismissed on the second ground, that is, Internal Flight Alternative (IFA). Ms. Rigaud sought valiantly to convince the Court that the IFA conclusion was inextricably linked to the credibility finding, but this Court was not persuaded. Mr. Lunney's contention that the IFA ground was not so linked was more in accord with the reasons of the Panel and the record. The Panel carefully indicated that the second ground (IFA) was in no way linked to their credibility finding, when it wrote:
| In the event that the Panel is mistaken in its negative assessment of credibility..... |
[2] This clearly indicates that, whether the claimant was believed or not, the evidence established an IFA, that it was reasonable to expect her to take refuge in Colombo and not seek international protection. In my view, this conclusion, on the evidence before the Panel, even if it believed all that the claimant had said, was unimpeachable.
[3] The application is dismissed.
"A.M. Linden"
J.A.
Toronto, Ontario
July 27, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5041-97
| STYLE OF CAUSE: VIJEVA KUPENDIRAN ET AL. |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: JULY 27, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: LINDEN, J.A.
Delivered from the Bench at Toronto, Ontario
on Monday, July 27, 1998
APPEARANCES:
Ms. Marie-Claude Rigaud
For the Applicants
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD:
Jackman, Waldman & Associates
Barristers & Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicants
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980727
Docket: IMM-5041-97
Between:
| VIJEVA KUPENDIRAN |
SIRINTHANA KUPENDIRAN
Applicants
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER