Ramalingam v. Canada ( Minister of Citizenship and Immigration )
IMM-1298-97
Dubé J.
8/1/98
4 pp.
Application for judicial review of IRB (Board) determination applicant not Convention refugee-Applicant alleging citizen of Sri Lanka and Sri Lankan Tamil-Central issue his identity-After considering three documents (passport, birth certificate and statement of justice of peace of Sri Lanka) Board found serious reasons to believe claimant has not established identity in credible fashion-Board did not accept birth certificate as bore "Ceylon" stamp, Ceylon having become Republic of Sri Lanka in 1972-As matter raised after hearing, applicant obtained confirmation from Sri Lankan government stamp with "Ceylon" valid-Fair and proper applicant be allowed to respond by filing additional evidence in own reply submission-Identity documents issued by foreign government presumed to be valid unless evidence produced to prove otherwise: Re Gur, Jorge P. (1971), 1 I.A.C. 384 (I.A.B.)-Here, Board challenged validity of birth certificate without adducing any evidence in support of its contention and matter of foreign documents not area where Board can claim particular knowledge-Reviewable error on part of Board-Board also committed egregious error in giving no weight to justice of peace's document as did not read or paid scant attention to three important paragraphs thereof-Application allowed.