Kanagaratnam v. Canada ( Minister of Employment and Immigration )
A-356-94
Linden J.A.
17/1/96
2 pp.
Internal Flight Alternative (IFA)-Appeal from Trial Division decision dismissing application for judicial review of Refugee Board decision denying application for Convention refugee status on basis appellant had IFA within country, judging it unnecessary to decide whether appellant otherwise had well-founded fear of persecution-Question certified: Is determination of whether claimant has well-founded fear of persecution in area from which originates prerequisite to consideration of IFA?-Answer negative- Since IFA existed, claimant could not have well-founded fear of persecution in country of nationality-While Board may do so, no need as matter of law for Board to decide whether persecution in area of origin as prerequisite to consideration of IFA-Appeal dismissed.