Why Eelaventhan Should Not Be Deported To Sri Lanka

By Usha S Sri-Skanda-Rajah –January 23, 2016

Usha S Sri-Skanda-Rajah

With his application for asylum in Canada denied and all appeals against his deportation order exhausted, except for a pre-removal risk assessment process and possibly an application for a “National Interest” exemption, I share here the major concerns I have why former TNA MP, M K Eelaventhan should not be deported to Sri Lanka.

Earlier in April 2014, in an application for judicial review of the findings made by the Immigration and Refugee Board (IRB), the Federal Court agreed with IRB that Mr. Eelaventhan was inadmissible under 34/1 of the Immigration and Refugee Protection Act.

34. (1) provided that:

A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada; (b) engaging in or instigating the subversion by force of any government; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c). Exception (2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.

The main question centred round the argument that, “the LTTE was sufficiently connected with the TNA such that the membership in the TNA was tantamount to membership in the LTTE.”

Pre-removal Risk Assessment of Mr. M K Kanagendran:

In assessing the risks of Mr. M K Kanagendran, (better known and referred to as Mr. Eelaventhan) returning to Sri Lanka under a deportation order, I want to place the following major concerns, for the perusal and consideration of those who will be making that determination – concerns that would no doubt put him at high risk if deported.                                           Read More