Imm102 - MOCK HEARING

Date(s) of Hearing: 13 September 2010

Place of Hearing: Vancouver, B.C.
Date of Decision: 19 November 2010
Panel: Michal Mivasair
Counsel for the Claimant(s): Gordon Wiseman, Barrister and Solicitor
Tribunal Officer: n/a
Designated Representative(s): n/a
Counsel for the Minister: Becky Chan

[1] XXXXX XXXXX (the "claimant"), a citizen of Sri Lanka, claims refugee protection
pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection
Act (the "Act"). Note1
ALLEGATIONS Note2
[2] The claimant is a 25 year old Tamil male from the northern city of XXXXX in Sri Lanka.
[3] The claimant asserts that he has been and will be persecuted by the Sri Lankan army,
government officials and paramilitary agents associated with the Sri Lankan government if he
returns to Sri Lanka. The claimant states that this persecution is because he is a member of a
particular social group of 'young male Tamils from northern Sri Lanka'. He also claimed a nexus
to the Convention grounds of perceived political opinion and nationality.
[4] The claimant alleged in his Personal Information Form (PIF) that he also was afraid of Tamil
students while he was a student at the XXXXX XXXXX. He was warned by students that he
should take part in activities that supported the militant Tamil organization called the Liberation
Tigers of Tamil Eelam (LTTE).
[5] Further, the claimant alleged that his life would be at great risk if he were to return to Sri
Lanka under present dangerous conditions.
[6] The claimant has never been involved with the LTTE. As a student in a Tamil school, he
assiduously avoided LTTE political meetings and celebrations.
[7] In 2006, the Sri Lankan Army (SLA) would harass Tamils and search Tamil homes in Jaffna.
In the spring of 2006, the SLA assaulted students indiscriminately in Jaffna. Many were shot,
killed, and disappeared.
[8] The claimant's family lived very close to an army camp. In XXXXX 2006, the claimant's
family moved to a different home in XXXXX to get further away from the SLA.
[9] The SLA's Special Task Force arrested the claimant on XXXXX, 2006. The army seized the
claimant's cell phone and questioned him to determine if he was an LTTE supporter. The
claimant produced his student and national identity cards. The claimant informed the soldiers
that he had nothing to do with the LTTE and their student supporters. He had no part in
organizing or participating in a recent LTTE memorial celebration at the XXXXX XXXXX.
During the interrogation, the claimant was hit in the stomach and later pushed against a wall. His
clothes were removed. Later that same day, the claimant was released after his parents came to
pick him up at the SLA camp.
 Imm102 - MOCK HEARING

[10] The SLA retained the claimant's identity card. On one of his attempts to get his identity card
back, the claimant was slapped.
[11] After one week, the SLA returned the claimant's identity card to him. The claimant was
asked to provide information about LTTE supporters to the army. He never did so. The claimant
had no such information.
[12] Near the end of 2006, the claimant along with his family and many other villagers were
taken from their homes and brought to the local temple. Everyone was photographed and later
released.
[13] Fearing further harassment from the SLA, the claimant moved to XXXXX in XXXXX
2007. He did so without first obtaining permission from the Sri Lankan government. He had
false identification papers and a fraudulent pass which stated that he had permission to be in
XXXXX.
[14] The claimant made this journey to XXXXX with his Tamil friend XXXXX.
[15] In XXXXX 2007, the claimant was stopped by men driving a white van. A Tamil speaking
man grabbed the claimant's wallet. The claimant fled. The claimant believes that the men were
government paramilitaries who knew the claimant was in XXXXX illegally.
[16] XXXXX was shot and killed in front of his own parents by government paramilitaries in
XXXXX.
[17] In XXXXX 2007 the claimant fled to Malaysia. After his travel visa expired, he remained in
Malaysia illegally until coming to Canada in XXXXX 2009.
[18] The claimant initiated his refugee claim on April 19, 2009, during the final months of the
armed conflict between the LTTE and the Sri Lankan government. Note3