Kulanthavelu v. Canada ( Minister of Employment and Immigration )
IMM-57-93
Gibson J.
3/12/93
10 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicant not Convention refugee within meaning of Immigration Act -- Decision based on finding internal flight alternative (IFA) existed for applicant to Colombo in Sri Lanka -- Applicant Sri Lankan Tamil living most of life in Jaffna region before coming to Canada-Leaving Jaffna for Colombo on April 23, 1992 -- During brief stay in Colombo (three days), applicant advised by friend against setting up business in Colombo and to leave country -- Applicant leaving Sri Lanka for Canada three days later with false passport-Applicant having no close relatives in Colombo, duration of previous residence there very short, experience negative -- No record of past employment in Colombo-Important factors in determining whether objectively reasonable for claimant to live in Colombo without fear of persecution -- IFA cannot be speculative or theoretical only, must be realistic, attainable option -- No requirement to follow contents of UNHCR letter when in evidence before CRDD if other specific evidence before it supporting IFA -- Where possibility of IFA raised, claimant must demonstrate on balance of probabilities serious possibility of persecution in area alleged to constitute IFA -- Onus on Minister and Board to warn claimant if IFA going to be raised -- Purpose of notice to allow person to prepare adequate response to case -- No evidence of notice given to applicant in advance of hearing issue of IFA would be considered -- Applicant facing serious possibility of persecution throughout Sri Lanka, including Colombo -- No viable IFA to Colombo existing for applicant -- CRDD erring in law in determination fundamental to decision -- Application allowed-Immigration Act, R.S.C., 1985, c. I-2.