Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of decision by Immigration and Refugee Board applicant parents excluded from refugee protection pursuant to United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a),(c) under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 98 as members of Liberation Tigers of Tamil Eelam (LTTE)—Applicant daughter’s application resting on that of parents—Applicants citizens of Sri Lanka—Seeking refugee protection under Act, ss. 96, 97(1) as fearing persecution by armed forces, militant groups if returned to Sri Lanka—Whether sufficient evidence to support finding applicant parents excluded under Act, s. 98 for complicity in crimes set out in Convention, Art. 1F(a),(c)—Evidence must establish personal, knowing participation in proscribed crimes on standard of “serious reasons for considering”—Membership in organization having limited brutal purpose not automatically resulting in exclusion by itself—Board failing to consider nature of applicant parents’ membership in LTTE cultural wing—Insufficient evidence to support finding applicant parents had requisite personal knowledge, participation in LTTE’s crimes against humanity—Burden of proof not met—Board’s decision with respect to applicant parents unreasonable—Decision with respect to daughter thus also flawed—Application allowed.
Savundaranayaga v. Canada (Minister of Citizenship and Immigration) (IMM-4937-07, 2009 FC 31, Mandamin J., judgment dated January 12, 2009, 18 pp.)