Date: 19980903
Docket: IMM-4074-97
BETWEEN:
SRIYANI PERERA BODHIPAKSHAGE
LASITHA RANDEER BODHIPAKSHAGE
VIMANTHI DILSHANI BODHIPAKSHAGE
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
DENAULT, J.:
[1] This Court has not been persuaded that its intervention is warranted to reverse the determination by the Refugee Division that the applicants, a Sinhalese citizen of Sri Lanka and her two minor children, were not Convention refugees.
[2] The tribunal found that the main applicant's allegations about her husband's alleged disappearance after having been arrested by the police and her efforts to find her husband's whereabouts were not credible. It also found that the state protection is available for a Sinhalese citizen in Sri Lanka.
[3] From the evidence contained in the record and the main applicant's testimony, I am of the view that it was open to the tribunal to reasonably find that the main applicant was not credible. No finding of facts or inference drawn from the evidence may, in the instance, be construed as perverse, capricious or made without regard to the material before the tribunal.
[4] This application will therefore be dismissed. Counsel for the parties have indicated that, in the present case, there is no serious issue of general importance pursuant to section 83 of the Immigration Act. Accordingly, no question will be certified.
"P. Denault"
Judge
Toronto, Ontario
September 3, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4074-97
| STYLE OF CAUSE: SRIYANI PERERA BODHIPAKSHAGE |
LASITHA RANDEER BODHIPAKSHAGE
VIMANTHI DILSHANI BODHIPAKSHAGE
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, SEPTEMBER 2, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: DENAULT, J.
DATED: THURSDAY, SEPTEMBER 3, 1998
APPEARANCES:
Ms. Marie-Claude Rigaud
For the Applicants
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD: Ms. Marie-Claude Rigaud
| Barrister & Solicitor |
| Jackman, Waldman & Associates |
281 Eglinton Ave. East
| Toronto, Ontario |
| M4P 1L3 |
| For the Applicants |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980903
Docket: IMM-4074-97
Between:
| SRIYANI PERERA BODHIPAKSHAGE |
LASITHA RANDEER BODHIPAKSHAGE
VIMANTHI DILSHANI BODHIPAKSHAGE
Applicants
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER