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Supreme Court says refugee claimant deserves second chance

Court rules a Tamil teenager who fled Sri Lanka should have refugee application reconsidered


 

OTTAWA – The Supreme Court of Canada says a Tamil teenager who fled the violent aftermath of Sri Lanka’s 27-year civil war should have his refugee application reconsidered on humanitarian grounds.

By a 5-2 margin, the high court has reversed a decision by the Federal Court of Appeal that upheld the rejection of Jeyakannan Kanthasamy’s claim that he would suffer serious hardship if he returned to his homeland.

Kanthasamy was 16 years old in 2010 when his family sent him to Canada after the Sri Lankan army and police detained and threatened him on separate occasions.

It was one year after Sri Lanka’s long civil war ended with a massive offensive by government forces on Tamil-held areas of the country that has since sparked a United Nations investigation of allegations of war crimes by both sides in the conflict.

Justice Rosalie Abella says the immigration officer who rejected Kanthasamy’s claim took an “anemic” view of the case and she has ordered that the matter be reheard.

In a dissenting opinion, Justice Michael Moldaver says the immigration officer made a reasonable analysis of the application.


 

Supreme Court says refugee claimant deserves second chance

  1. I can see no reason to disallow this man from coming to Canada according to this article in Macleans. If however, Macleans failed to note that the 16 year old was detained due to his involvement in Tamil tiger terrorism; then there is perhaps a reason for his rejection. The problem of course, is poor journalism which occurs when the athor is trying to maintain a narrative, and including harmful “facts” may be detrimental to the author’s intent. Given the way this article is (poorly) written, readers simply do not know.

    In that case, I guess the author met his objective.

    • I’m so sorry that perfectly clear stories are hard to understand, jameshalifax.
      But there’s nothing hard to understand about the reason for his original rejection:
      “…the rejection of Jeyakannan Kanthasamy’s claim that he would suffer serious hardship if he returned to his homeland.”

      • Tresus wrote:

        “the rejection of Jeyakannan Kanthasamy’s claim that he would suffer serious hardship if he returned to his homeland.”

        Tresus, if you are trying to reaffirm your “too stupid to post” credentials….this is a worthy effort.

        Does anyone want to try and explain it to him?

  2. Ya James get with the program just because he had ties to Terrorist shouldn’t disqualify him from being here it’s the Canadian way …Sarc/off

    • Oh, you poor dear. Let me help you.
      Jameshalifax was complaining that the article wasn’t clear on the reason for his original rejection, but indeed it was.
      If everyone could read, would there be a Conservative base?

      • You really don’t see it do you, tresus?

        do your parents a favour….don’t waste their money on post-secondary education. Get thee to drywaller school instead.

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