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Thambirasa v. Canada ( Minister of Citizenship and Immigration )

IMM-1224-98

Reed J.

3/2/99

3 pp.

Application for judicial review of decision of Immigration and Refugee Board as to applicant's lack of credibility-Board misconstruing evidence in stating applicant's reason for leaving Sri Lanka experience in Colombo-Sexual assault, related events in Colombo not "impetus" for her leaving-Reliance on failure to find in port of entry notes reference to events in Colombo as reason for finding of lack of credibility capricious finding-Reliance on failure of Dr. Baruch to mention in report assault took place in Colombo also capricious-Applicant's failure to mention children, shopkeeper, herself arrested omission, not in itself sufficient to support finding of lack of credibility-Application allowed.

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