CAT/C/20/D/47/1996
page 3
inspector. The author says that this caused him problems because “it was
thought that [he] supported the Government”. In 1992, his associate's
brother-in-law and brother were killed by the LTTE. The author then decided
to move to Colombo. He adds that, because of the riots and violence taking
place at the time, he had to close his business.
2.3
In Colombo, both the LTTE and the EPDP (Eelam People's Democratic Party)
demanded protection money from him. The author did not feel safe and decided
to pay someone to help him leave the country.
2.4
The author arrived in Canada on 17 November 1992 from the United States
of America and applied for refugee status the same day. On 16 July 1993, the
Immigration and Refugee Board rejected his application on the ground that
his story was inconsistent and that he had provided no evidence to justify
his fears of persecution. On 10 March 1994, the author's request for leave
to appeal the Board's decision was rejected by the Federal Court. On
29 November 1995 the application he had submitted on the basis of a subsequent
risk evaluation procedure was rejected. The official responsible
for the evaluation found, inter alia, that the author had not been harassed by
the police when he had informed them that he was living in Colombo, that the
greatest risk of imprisonment was run by young Tamils whereas the author
was 46, and that UNHCR had standardized its approach and was no longer
requesting that, as a precautionary measure, rejected Tamil asylum seekers
only be sent back to Sri Lanka if they had family or friends in Colombo.
2.5
In January 1996, the author applied for a residence permit on
humanitarian grounds; the immigration authorities rejected the request.
author states that he has exhausted all domestic remedies.
The
The complaint
3.1
The author states that he fears for his life if he returns to his
country. He argues that, in view of the extensive military operations being
conducted by the Government in his region of origin, it is impossible for him
to return there, and that in Colombo all Tamils are looked on with suspicion
because of the suicide bombings. According to the author, numerous Tamils
have been arrested following these bombings and some have been tortured. The
author also states that his family has been subjected to violence in
Sri Lanka. He points out that he has already been arrested once and tortured
and submits a medical certificate dated 20 March 1996 indicating that he has a
lump on his forehead, a scar from an old burn on his left forearm and a scar
on his right leg.
3.2
The author asks the Committee to request Canada not to send him back to
Sri Lanka. He argues that there is a consistent pattern of gross, flagrant or
mass violations of human rights in Sri Lanka.
3.3
Finally, the author states that he is fully integrated into Canadian
society, that several members of his family reside in Canada, that he has
found a job and that his employer is supportive of his attempts to remain in
Canada.