Kandiah v. Canada ( Minister of Citizenship and Immigration )
IMM-7125-93
Cullen J.
7/12/94
9 pp.
Application for judicial review of Refugee Division (Board) decision rejecting claim for Convention refugee status -- Applicant, citizen of Sri Lanka, managing large food and clothing cooperative-Applicant harassed, beaten and detained by militant faction (LTTE) and forced to provide LTTE with food provisions-Applicant subsequently accused, detained and beaten by army for being LTTE supporter -- Applicant fleeing to Colombo (IFA) but failure to register with police there as required resulting in detention and beating -- Board finding applicant not Convention refugee due to existence of IFA -- Finding of IFA requiring: (1) no serious possibility of persecution in IFA; and (2) consideration of applicant's particular circumstances[cad 211]Board not erring in finding Colombo viable IFA -- Applicant relying on Thirunavukkarasu v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 589 (C.A.) for claim beating while in detention in Colombo amounting to persecution -- Thirunavukkarasu distinguished as involving repeated arrests, long detention periods, beatings and torture -- Board not making error of fact or law in concluding applicant's treatment in Colombo not persecutory -- Single beating not necessarily persecutory -- Throughout hearing Board considering applicant "young Tamil" then, in absence of contrary evidence, Board making opposite conclusion in decision -- Re Inzunza and Minister of Employment and Immigration (1979), 103 D.L.R. (3d) 105 (F.C.A.) holding test with respect to political opinion must be approached from persecutor's perspective rather than Board's perspective applying equally to issue of membership in particular social group -- Board's perception of whether applicant constituting "young Tamil" secondary to LTTE's perception of same -- Board making error in law in concluding applicant not "young Tamil" -- Application referred back with recommendation new Board consider more recent reports regarding treatment of Tamils to determine whether applicant "young Tamil" and whether such finding relevant.