Rejecting a refugee claim by a 25-year-old Tamil from Northern Sri Lanka, the IRB said the evidence has led the panel to conclude that the "changes in Sri Lanka are meaningful and durable and that the claimant's fear of persecution based on his particular social group, perceived political opinion and nationality is not well founded."
The IRB has heard the claimant's case in September 2010 and a decision was reached in November 2010. The case was cited in the Persuasive Decision in December before the holidays.
The IRB has decided that the claimant is not a conventional refugee and his fear of persecution if returned to Sri Lanka is not well founded. The IRB has concluded that there are no substantial grounds to believe that claimant's removal to Sri Lanka would subject him personally to a danger of torture.
According to Canada's Immigration and Refugee Protection Act, protection is limited to those who face a specific risk that is not faced generally by others in or from the country and in the claimant's case the IRB has decided that he faces the same risks as others and therefore he is not a person in need of protection.
A Globe and Mail report today said the policy which could affect refugee claimants who arrived in Canada aboard the Ocean Lady and MV Sun Sea, is being challenged in court by a lawyer who says it is not legally sound.
The note was also criticized by activists, who suggested it could put lives in danger, the Globe and Mail report said.
According to the IRB the adjudicators are not expected to follow persuasive decision notes but they are 'encouraged to rely upon in the interests of consistency and effective decision-making.'
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