Tamil refugee claimant rejected, faces deportation:

‘Positive changes in Sri Lanka’

A Tamil refugee seeker is facing deportation from Canada in a matter of weeks with Canadian authorities taking the position that the situation in Sri Lanka has improved since the defeat of LTTE terrorism.

Toronto lawyers said federal officials will use the deportation of Shandeep Sathivadivel, 24, as a test case to return to Sri Lanka, most of the 492 Tamil migrants, who arrived in B.C. by ship, Toronto Sun reported Wednesday.

Sathivadivel, who lives in Toronto, had his case dismissed September 1 by a Federal Court. With his last-ditch effort to remain in the country rejected, he faces deportation in weeks, officials said.

“It is unreasonable that after four years and recent positive changes in country conditions, the government, security forces or the LTTE would be seeking the applicant,” Justice Russel Zinn ruled. The applicant “provided insufficient documentation to support that he would personally be at risk or harm in Sri Lanka,” he said. Court heard he was returned to the US in 2009 after trying to file a refugee claim at a Niagara Falls border crossing. He was ineligible because of an agreement between the United States and Canada which bans potential refugees from making claims in both countries.

Lankan travelled with terrorist group to Canada

One of the 492 Sri Lankan migrants who arrived in Canada last month aboard the MV Sun Sea allegedly travelled to foreign countries with a delegation from the Tiger terrorist organization, a hearing into his detention heard Wednesday.

The migrant initially denied to investigators any association with the Tigers or having travelled outside Sri Lanka. But when confronted with a newspaper article about the trip, he admitted travelling with the group as a member of the media.

Jennifer Friburg, a lawyer representing the Canada Border Services Agency, said the migrant’s contradictory statement “clearly indicates deception” and “negatively impacts his credibility,” and called for his continued detention on the grounds that he poses a possible security threat.

The newspaper article says an eight-member Tiger delegation had travelled abroad to raise tsunami-relief funds.

The man’s lawyer, Antya Schrack, stressed that the man had travelled with the group as an independent media representative and that there was no evidence he was part of the delegation. It was the first time since the boat’s arrival on August 13 that government lawyers argued that a migrant should be held on security grounds. All other migrants continue to be held because their identities have not been verified.

Immigration and Refugee Board adjudicator Marc Tessler said there “may be an innocent explanation” for the migrant’s actions, but his mention in the newspaper article and his initial denials about having travelled abroad provided sufficient reason to hold him on security grounds. Although hearings for other migrants Wednesday were largely devoted to verifying their identities, government lawyers cited other security concerns in prepared notes.

They said authorities had found numerous pieces of identification aboard the ship that had either been torn up or could not be linked to any individuals.

The Vancouver Sun