CCPR/C/114/D/2280/2013
and Immigration Canada). He claimed that, as he was Tamil and a failed asylum seeker, he
would be at risk of hardship if returned to Sri Lanka.
2.12 On 31 August 2012, the Federal Court dismissed the author’s application for judicial
review. The Court agreed with the IRB findings that the end of the armed conflict had
produced a change of conditions in Sri Lanka such that the author could return to his
country of origin and live safely in Jaffna or Colombo. In its decision, the Federal Court
stated:
The Court agrees with the respondent and notes that the Board clearly
examined documentary evidence and provided a comprehensive explanation
as to why it chose to prefer certain documents over others provided by the
applicant. Although the Court agrees that some of the documentary evidence
on record was more recent that the UNHCR document relied upon by the
Board, the Court notes that the Board acknowledged that there was
documentary evidence that was more recent than the UNHCR document but
explained why it determined that the information in the UNHCR document
was still valid.
The Court is also of the opinion that it was open for the Board to find that the
documentary evidence did not support the applicant’s allegation … Indeed,
the evidence demonstrates that the applicant was not a criminal, and did not
have connections to the LTTE … Further, the [Sri Lanka Army] would not
likely have released the applicant during 2009 in exchange for a bribe if it
really believed that the applicant was associated with the LTTE.
2.13 On 24 December 2012, the author filed a pre-removal risk assessment (PRRA)
application before Citizenship and Immigration Canada. The author claims that he provided
documentary evidence issued after the adoption of the IRB decision, which indicated that
the situation in Sri Lanka had become more perilous for young male Tamils from northern
Sri Lanka and for failed asylum seekers.
2.14 On 30 April 2013, Citizenship and Immigration Canada dismissed the author’s
humanitarian and compassionate grounds and PRRA applications. The PRRA officer noted
in his decision that he had reviewed and considered the country condition reports and
articles submitted in support that post-dated the IRB hearing and decision. Several of the
reports and articles indicated that political activists, including those who had been
politically active abroad, human rights defenders, civil activists, journalists, and Tamils
with an actual or perceived association with LTTE were at risk of forced disappearance,
torture and arrest. He did not find that the applicant had sufficiently tied those articles to a
personal risk. The officer stated that the author had failed to provide sufficient objective
evidence to corroborate his claims that he would be at risk as a failed asylum seeker. The
officer noted that he had also reviewed publicly available information on the current
country conditions in Sri Lanka. While acknowledging that impunity and human rights
abuses continued to be serious issues, he did not find that the conditions had changed
significantly since the IRB decision to put the applicant at risk as defined in section 96 or
97 of the Immigration and Refugee Protection Act.3
2.15 On 8 July 2013, the Canada Border Services Agency informed the author that he
would be removed to Sri Lanka on 31 July 2013. On 23 July 2013, the author filed two
3
The PPRA decision refers to the United States Department of State, 2011 Human Rights Report:
Sri Lanka, 24 May 2012; United Kingdom: Home Office, Operational Guidance Note: Sri Lanka,
April 2012; Amnesty International, Amnesty International 2012 Annual Report – Sri Lanka, 24 May
2012; and Freedom House, Freedom in the World 2012 – Sri Lanka, 22 August 2012.
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