Canada Immigration Case law Krishnapillai v. Canada( June 24, 2015 Federal Court)

Editorial Caselaws Leave a Comment

An interesting IMMIGRATION case, Krishnapillai v. Canada — Judicial review — General —

Case law is not meant for people interested to apply for immigration to Canada, but may be used by those who feel the system is not fair, to gain an understanding of the recourse available in Canada. Content for this video is sourced from information distributed by Thomson Reuters. Judgement for this case is attached in my blog as a pdf document

Applicant was citizen of Sri Lanka and was young Tamil from northern part of country and he sought refugee protection — Refugee Protection Division (RPD) found that applicant was not credible — Applicant appealed to Refugee Appeal Division (RAD) — RAD found that RPD’s credibility analysis was reasonable but it failed to deal with issue at heart of claim, whether applicant’s identity as young male Tamil was reasonable basis for subjective fear of persecution — RAD did own analysis of risk profile for young Tamil males returning to Sri Lanka and concluded that there was only mere possibility that applicant would face persecution — Applicant applied for judicial review — Application dismissed — RAD did not err in applying reasonableness standard to credibility findings made by RPD — RAD acted within its jurisdiction in conducting independent risk profile analysis — RAD’s risk assessment was reasonable — RAD reasonably found that applicant was not perceived to be member or supporter of LTTE — Finding that being young Tamil male from north of Sri Lanka was not sufficient for refugee protection was reasonable — RAD reasonably relied on UNHCR Guidelines and acknowledged evidence contrary to its conclusions — Decision as whole was reasonable

Krishnapillai v. Canada (Minister of Citizenship and Immigration) (June 24, 2015, Russel W. Zinn J., Federal Court) 255 A.C.W.S. (3d) 688

Leave a Reply