Ramachandran v. Canada ( Minister of Citizenship and Immigration )
IMM-3741-94
Cullen J.
25/5/95
5 pp.
Application for judicial review of Board decision applicant not Convention refugee -- Although Board holding applicant having well-founded fear of persecution in particular city, Board not convinced fear objectively well-founded with respect to rest of Sri-Lanka, particularly in city of Colombo -- Board relying on documentary evidence cited in Rasaratnam v. Canada (Minister of Citizenship and Immigration), [1992] 1 F.C. 706 (C.A.) for internal fight alternative (IFA) finding -- In determining IFA viable and reasonable for particular refugee claimant, Board cannot simply rely on findings of fact made in another case -- Board's analysis constituting serious error, i.e. IFA reasonable herein as reasonable in Rasaratnam case -- Board must consider all of applicant's circumstances in IFA determination; finding of fact based on findings of another case not sufficient (Pathmakanthan v. Canada (Minister of Employment and Immigration) (1993), 71 F.T.R. 154 (F.C.T.D.)) -- Boiler plate statement to effect "Board received and considered documentary evidence from applicant" when in fact applicant not submitting any material constituting further evidence Board not adequately turning mind to documentary evidence -- Boiler plate statement generally immaterial, however, coupled with incorrect reliance on Rasaratnam case, Court's intervention justified -- Application allowed.