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SECRET with attachment

INADMISSIBILITY ASSESSMENT (34 (1)(f) of the IRPA)

FROM: NSSD / WOODSTOCK

TO: Manager, CIC ScarboroughAttention: Marie Couracos

Supervisor, CBSA, GTECAttention: Russell Gregory

DATE: 17/JULY/20 13

CIC FILE: 3708-54941842

CBSA FILE: CA2O1O-2484054

SUBJECT: (KANTHASAMYJYAR) Pirabakaran / DOB: 21MAR1976 / MALE / FOSS ID 5494-1842/COB: SriLanka/C1T: SriLanka

Executive Summary

1. (13) Mr. KANTHASAMYJYAR (herein referred to as the applicant) claimed refugee status in Canadaon January 13, 2005. A security screening request was received on January 10, 2012 by the NationalSecurity Screening Division (NSSD).

2. (B) The applicant was a priest at the Canada Kandasamy Temple (CKT) that is controlled by the WorldTamil Movement (WTM) and the WTM is a leading front organization for the Liberation Tigers of TamilEelam (LTTE) an organization that has engaged, engages or will engage in terrorism

3. (B) The National Security Screening Division has completed the security screening of the applicant. Itis assessed that there are reasonable grounds to believe that the applicant is inadmissible to Canadapursuant to paragraph 34(1)(f) of the Immigration and Refugee Protection Act (IRPA) for his membershipin the LTTE.

The information throughout this report will be labelled in accordance with the following:

(U) Refers to “Unclassified” information(B) Refers to “Protected B” information(S) Refers to “Secret” information

Canada noder Agence des services 11- Sevicea Agency frontahers du Canada aria. a.

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Law

Pursuant to section 33 of the IRPA, “the facts that constitute inadmissibility under sections 34 to 37

include facts arising from omissions and, unless otherwise provided, include facts for which there are

reasonable grounds to believe that they have occurred, are occurring or may occur.” The threshold of

reasonable grounds to believe has been confirmed by the Supreme Court of Canada in Mugesera. v.

Canada (Minister of Citizenship and Immigration), [2005] 2 S.C.R.100, at paragraph 114.

34(1) 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(1) 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).

Applicant-Specific Information

(B) According to the applicant’s PIF, he was raised and educated to be a priest. He and his older

brothers were pressured to join the LTTE. The applicant claimed he was not a member of the

LI’TE but that he was forced to work for the LTTE, filling sand bags and digging bunkers. At

times he was taken in their trucks to bring sand from the river beds and building materials from

shops. In February 2002, the LTTE ordered the applicant to work in their political office to teach

basic computer skills as well as computer design programs to youths who were working in the

Tiger offices.

(B) On December 26, 2004, the applicant fled to Colombo where a family arranged for an agent to

help him travel to Canada. Once Mr. KANTHASAMYTYAR arrived in Canada, be stayed with his

uncle for one day and one night. He then spent to a motel for three or four days. He then found

work at the Canada Kanthaswamy Temple where he works fuiltime as a Hindu Priest.

Topic-Specific Information

Liberation Tigers of Tamil Eelam (LTTE)

(0) The Government of Canada listed the LTTE on April 8, 2006 (reviewed December 22, 2010), as a

terrorist entity. The Public Safety Canada website provides the following name variations of the LTTE

including:

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The Tamil Tigers, the Bellalan Force, the Ellalan Force, the Tiger Movement, the Sangilian Force, the Air

Tigers, the Black Tigers (Karum Puligal), the Sea Tigers, the Tiger Organization Security Intelligence

Service (TOSIS), the Women’s Combat Force of Liberation Tigers (WCFLT))

(U) The LTTE was an ethnic nationalist group based out of Sri Lanka. The organization’s primary goal was

the creation of an autonomous Tamil state in north-eastern Sri Lanka. Formed in 1974, the group initially

called itself the ‘Tamil New Tigers.’2It subsequently adopted the name ‘Liberation Tigers of Tamil Eelam’ in

1976, under the leadership of Velupilai Prabhakaran.3The group formed during a period of tension in Sri

Lanka between the dominant Sinhalese ethnic group and the minority Tamils, exacerbated by government

policies which favoured Sinhalese over Tamil interests.4

(U) During its long campaign against the Sri Lankan government, the organization, also commonly referred to

as the ‘Tarnil Tigers,’ has operated as both a covert guerrilla movement as well as a conventional military

force.5 In the height of its effectiveness, the group controlled and administered large sections of north-eastern

Sri Lanka, and had a fighting force of between 8000 and 10 000.6 In addition to its ground forces, the

organization also possessed an effective navy (the Sea Tigers) and a small air force (the Air Tigers).7The

Tamil Tigers also gained international notoriety for their suicide units, the ‘Black Tigers.’ These suicide

bombers were used effectively against Sri Lankan military and civilian targets and were responsible for the

assassination of two world leaders, Sri Lankan President Ranasinghe Premadasa and Rajiv Ghandi, Prime

Minister of India. 8 Until his death in 2009, the group was controlled by the charismatic Velupillai

Prabhakaran, who administered the organization through a hierarchy of district and regional commanders.9

(U) The LTTE conducted numerous attacks against military and civilian targets throughout its existence. The

Global Terrorism Database lists 1184 incidents perpetrated by the group, while the Worldwide Incidents

Tracking Systems contains 604 acts of terrorism involving the organization.’0Some of the more egregious

examples of terrorism perpetrated by the Tamil Tigers include the assassination of the Mayor of Jaffna in

1975; an attack on a Buddhist sanctuary in 1985 that killed 146 civilians; a 1990 attack on a village that killed

127 civilians; an attack against Sri Lanka’s central bank using a truck bomb in 1996 that killed 60 people and

injured 1400; the use of suicide bombers against civilians to disrupt elections in 2000; and a kamikaze-style

‘Public Safety Canada, Currently listed entities (05 July 2011). <http:llwww.publicsafety.gc.ca> 119 August 20111, Liberation

Tigers of Tamil Eelam.2 Tigers of Tamil Eelam L7TEJ. In Jane’s World Insurgency and Terrorism.

(accessed July 16, 2013).Bruce Hoffman, Inside Terrorism. (New York: Columbia University Press, 2006) 136-145.

Jane’s, Liberation Tigers of Tamil Eel.am.Jane’s, Liberation Tigers of Tarnil &iam,6iane’s, Liberation Tigers of Tarnil Eelam; U.S. Department of State, Patterns of Global Terrorism 2001.

http:1/www.state.govIjlciirlsJcrtI200lI (accessed July 16, 2013).

7Jane’s, Liberation Tigers of Tamil Lelam.Hoffman, Inside Terrorism, 144.9jane’s, Liberation Tigers of Tamil Eelam.° Global Terrorism Database. httpi/www.starLumd.edulgtd/ (accessed March 24, 2010). Worldwide Incidents Tracking System.

http:llwww.trackingterrorism.or/resource/us-nctc-worldwide-incjdents-trackin-systern (accessed July 16, 2013).

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suicide attack in 2009 using explosive-laden airplanes to crash into Sri Lanka’s central tax office, killing two

and injuring 4511

(U) The LTTE was defeated militarily in 2009 during a campaign by the Sri Lankan armed forces. The

group’s long-time leader Velupillai Prabhakaran was killed during the assault. While the defeat signified the

end of the Tarnil Tigers’ large-scale insurgency operations in Sri Lanka, the consensus among authoritative

observers of the conflict has been that a return to low-intensity guerrilla and terrorist operations cannot be

ruled out.’2 Selvarasa Pathmanathan (also known as Kumaran Pathmanathan or ‘KP’), the group’s last

surviving senior leader, was arrested in Malaysia in August 20O9.’

(U) Surviving units of the organization likely exist in Sri Lanka, and observers have suggested that remnants

of the group’s shipping network have been used to transport members of the LTTE’4However, it is currently

unclear whether the LTTE as an organization remains operational in any real capacity.15 However, it should

be noted that there have been multiple arrests made recently and explosives discovered by the Sri Lankan

authorities since May 2009 that could indicate a continued militant presence in the country.’6 Moreover, it

has been estimated that LTTE coffers have anywhere from one to two billon dollars raising the question as to

what use these funds will be put to in the future.’7

LTTEI involvement in Canada and other Western countries

(U) Although the Tamil Tigers’ guerrilla operations were generally limited to the island of Sri Lanka and its

surrounding waters, the group has also constructed a vast international support network to finance and

propagandize its operations. This network operates through the support of the sizable Tamil diaspora

communities that reside in wealthy nations such as Canada, the United Kingdom and Australia.19Diaspora

contributions supplied the organization with an estimated US $200 million each year. The majority of

diaspora Tamils are estimated to be supportive of the cause of independence and many provide funds

Barbara Crossette, “Fearsome Foe Emerges in Sri Lanka,” New York Times. August 11, i986; Rone Tempest, “Massacre That

‘Woke Everybody Up’ Helped Bring Truce in Sri Lanka,” Los Angeles Times, June 21, 1985; Chris Morris, “160 Killed in Ethnic

Strife,” The Guardian (London), August 13, 1990; John Stackhouse, “Colombo Bomb Blast Kills 55 Rebels Appear to Reopen

Ugly Front,” Globe and Mail, February 1, 1996; Reuters, “Sri Lanka’s Tamil Rebels Seek to Disrupt Poll,” October 8, 2000; B.

Muralidhar Reddy, “Aircraft Were On Suicide Mission: LTTE,” The Hindu (Chennai, lndia),Febniary 21, 2009.u Jane’s, Liberation Tigers of Tamil Eelam; Oxford Analytica, “Sri Lanka: Radical Diaspora Could Back New Violence,” July 20,

2009. http:/lwww.reliefweb.intlrw/rwb.nsf/db900sidIVDUX-7U50D4?OpenDocument&guery=SRI%2OLANKA:%2oRadical%2odiaspora%2Ocould%20back%20new%20violence (accessed

Julyl6,2013); Economist Intelligence Unit, “Sri Lanka: Country outlook,” September 1, 2009.

‘3Jane’s, Liberation Tigers of Tamil Eelanz14Jane’s, Liberation Tigers of Tamil Eelam; Cohn Freeze, “Ships of Fleeing Tamils Stir Fear of Hidden Tigers,” Globe and Mail,

October 23, 2009.‘5Jane’s, Liberation Tigers of Tamil Eelam.16 ‘Plastic filled with C4 found under a Culvert,” Plus News Pakistan, 29 September 2009. See also, “Sri Lanka Army arrest LTTE

Sniper Unit Leader,” Plus News Pakistan, 29 September 2009. See also, “Three LTTE female suicide bombers arrested in Sri

Lanka,” Plus News Pakistan, 29 September 2009, See also, “Tiger nabbed with Suicide jacket,” Daily News (Sri Lanka), 25

September2009.Besseling, “Toronto Eelam October 2009,” Colombo Times, 27 September 2009.

‘tiane’s, Liberation Tigers of Tamil Eelam.Sarah Wayland, “Ethnoaationalist Networks and Transnational opportunities: The Sri Lankan Tamil Diaspora,” Review of

1n4’ernational Studies 30, no. 3 (2004) 418-419.

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voluntarily.20However, organizations connected with the Tamil Tigers have also extracted financial support

from members of the Tamil community abroad by using threats of violence.

World Tamil Movement

(U) The World Tamil Movement is the leading front organization for the Liberation Tigers of Tamil Eelam in

Canada.21

(U) Some of the best documented examples of intimidation of diaspora Tamils have been drawn from the

activities of the World Tamil Movement, a Canadian organization. Founded in 1986, the organization’s stated

mandate was to serve the ethnic Tamil community, lobby governments, and raise money “for charitable

organizations serving the Sri Lankan Tamils, particularly destitute refugees.”22Spokespersons for the World

Tamil Movement have denied collecting money on behalf of the LTTE. However, this claim has been

explicitly contradicted by numerous testimonies collected by Human Rights Watch, a respected non-profit

human rights organization. According to testimony from Canadian Tamils, members of the World Tamil

Movement have in some instances stated explicitly that they were seeking financial support on behalf of

LTTE and that the money was needed to support the war effort against the Sri Lankan government. Members

of the Canadian Tamil community have been pressured to commit money to the LTTE during visits to Sri

Lanka and have then faced pressure by representatives of the World Tamil Movement upon their return to

Canada to provide these funds.23 The World Tamil Movement was listed as a terrorist entity by the

Government of Canada for the purpose of Part 11.1 of the Criminal Code of Canada on June 13, 2008.24

Canada Kanthaswamv Temple

(U) The CKT at Birchmount Road in Toronto is the only publicly administered Hindu Temple of the

Canadian Tamils. The WTM took forcible control of the CKT. This temple with many facilities for public

functions has become a cash cow for the LTTE and continues to function as one even now. The premises are

also used indiscriminately for the L”ITE and WTM propaganda and other meetings overlooking the fact that it

is a place of worship. 25

Analysis:

(U) According to paragraph 34(1 )(f), it is irrelevant whether the individual personally engages, has engaged

or will engage, in acts referred to in paragraph 34(1)(a), (b), and/or (c). What matters is that the organization

20 International Crisis Group, “The Sri Lankan Tamil Diaspora after the LTTE,” February 23, 2010.(accessed July 16, 2013).

http;j/www.pubiicsafety.gc.ca/medja/nr/.2008/nr200806 16-cog. asox22 Stewart Bell, “Ottawa Outlaws Tamil Group; First Non-Profit to be Placed on Terror List,” National Post, June 17, 2008.

Human Rights Watch, “Funding the “Final War”: LTTE Intimidation and Extortion in the Tamil Diaspora,” March 14, 2006.

<http:llwww.hrw.org/en/reports/2006/03114/funding-final-war-2> (accessed July 12, 2010).24 Public Safety Canada. “Currently Listed Entities,” <http:Uwww.yublicsafety.c.caJprg/ns/1e/cle-enLaspx> (accessed July 12,

2010).25 httn:llwww.dailynews.IkI20O6lO7l26Ifea03.as (see source annex)

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Secret with -chmentfalls within the ambit of paragraph 34(1)(a),(b) and/or (c), and that the individual is a member of that

organization. In Suresh, [2002] the Supreme Court found that

“terrorism” in s. 19 of the Act includes any act intended to cause death or bodily injury to a civilian or toany other person not taking an active part in the hostilities in a situation of armed conflict, when thepurpose of such act, by its very nature or context, is to intimidate a population, or to compel a governmentor an international organization to do or abstain from doing any act.2

(U) The Criminal Code defines terrorism as an offence

(i) that is committed

(A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with

regard to its security, including its economic security, or compelling a person, a government or adomestic or an international organization to do or to refrain from doing any act, whether the public

or the person, government or organization is inside or outside Canada, and

(ii) that intentionally

(A) causes death or serious bodily harm to a person by the use of violence,

(B) endangers a person’s life,

(C) causes a serious risk to the health or safety of the public or any segment of the public,

(D) causes substantial property damage, whether to public or private property, if causing suchdamage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

(B) causes serious interference with or serious disruption of an essential service, facility or system,

whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work

that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after

the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include anact or omission that is committed during an armed conflict and that, at the time and in the place of itscommission, is in accordance with customary international law or conventional international law applicableto the conflict, or the activities undertaken by military forces of a state in the exercise of their official

duties, to the extent that those activities are governed by other rules of international law.

(U) As stated above, the LTTE has been designated as a terrorist organization by the Government of Canada,

and has committed various acts of terrorism throughout its existence as described in the background of this

assessment. These acts of terrorism would appear to fit the criteria laid out in Suresh and the Criminal Code

in that they attacked numerous targets, including civilians, for political reasons with the aim of compelling the

Sri Lankan government to cease its claim to certain territory in northeastern Sri Lanka. Therefore, the

organization falls within the ambit of paragraph 34(1 )(c).

26Suresh v. Canada (Minister of Ci!izenship and Immigration), [2002) 1 S.C.R.3, 2002 SCC 1.

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(B) While the applicant does not claim to be a member of the LTTE, be has stated that he worked as a HinduPriest at the Canada Kandasamy Temple (CKT). Open sources reveal that the World Tarnil Movement(WTM) took forcible control of the CKT and the WTM is a front organization for the LTTE. It is anorganization that has collected money on behalf of the LTTE in order to support the war effort against the SriLarikan Government. The World Tamil Movement was listed by the Government of Canada as a terroristgroup effective June 13, 2008.27

(B) Next, it must be established whether the membership requirement of 34(1)(f) is met in this case.

(U) In Suresh v. Canada (Minister of Citizenship and Immigration), Justice Teitelbaum stated that

Membership cannot and should not be narrowly interpreted when it involves the issue of Canada’s nationalsecurity. Membership also does not only refer to persons who have engaged or who might engage interrorist activities.

(U) Therefore, the term “member” as it is used in paragraph 34(l)(f) of IRPA should be given a broadinterpretation (Kanendra v Canada (Minister of Citizenship and Immigration) (2005 F.C. 923)).

(U) in Suresh v. Canada (Minister of Citizenship and Immigration), Justice Teitelbaum stated that

On August 29, 1997, pursuant to s. 40.1(7), Teitelbaum J. upheld the reasonableness of thesecurity certificate, naming Mr. Suresh as inadmissible on these grounds. Specifically, Teitelbaum3. found that the World Tamil Movement (the “V/TM”), of which Mr. Suresh was coordinator,

can be reasonably concluded is part of the LTTE [Liberation Tigers of Tamil Eelam]organization or is, at the very least, an organization that strongly supports the activities ofthe LTTE.” Further, he stated that be was “... satisfied that there are reasonable grounds tobelieve the LTJ’E to have committed “terrorist acts” no matter how one would define “terrorism”or “terrorist act”.” In his decision of August 29, 1997, Teitelbaum J. indicated that he would issuereasons at a later date, and they were issued two and one half months later.

(B) The applicant is working for the CKT, an organization controlled by the WTM and therefore would beconsidered a member of the LTTE, an organization engaged in terrorism, for the purposes of paragraph34(l)(f).

Analysis

Engaging in terrorism

“83.01 (1)

“terrorist activity” means

27 http:!/www,publicsafety.gc.calmedialnr/20081nr20080616.-en2.aspx

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(a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the

following offences:

(iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and

Punishment of Crimes against Internationally Protected Persons, including Diplomolic Agents, adopted

by the General Assembly of the United Nations on December 14, 1973,

(ix) the offences referred to in subsection 7(3.72) that implement the International Convention for the

Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December

15, 1997, and

(x) the offences referred to in subsection 7(3.73) that implement the International Conventionfor the

Suppression ofthe Financing of Terrorism, adopted by the General Assembly of the United Nations on

December 9, 1999, or

(b) an act or omission, in or outside Canada,

(i) that is committed

(A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard

to its security, including its economic security, or compelling a person, a government or a domestic or

an international organization to do or to refrain from doing any act, whether the public or the

person, government or organization is inside or outside Canada, and

(ii) that intentionally

(A) causes death or serious bodily harm to a person by the use of violence,

(B) endangers a person’s life,

(C) causes a serious risk to the health or safety of the public or any segment of the public,

(D) causes substantial property damage, whether to public or private property, if causing such

damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

(B) causes serious interference with or serious disruption of an essential service, facility or system,

whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is

not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory

after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not

include an act or omission that is committed during an armed conflict and that, at the time and in the place

of its commission, is in accordance with customary international law or conventional international law

applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their

official duties, to the extent that those activities are governed by other rules of international law.” (U)

(U) As described above, the LTTE has engaged in terrorist activities in order to achieve its goals.

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(B) There are therefore reasonable grounds to believe that the LTTE is an organization that has engaged,engages or will engage in terrorism as understood in Canadian jurisprudence as well as under theCriminal Code of Canada.

Membership

(B) According to paragraph 34(1)(f), it is irrelevant whether the individual personally engages, hasengaged or will engage, in acts referred to in paragraph 34(1)(a), (b), or (c). What matters is that theorganization falls within the ambit of paragraph 34(l)(a), (b) or (c), and that the individual is amember of that organization.

(B) In the case of the applicant, he never admitted that he was a member of the LTTE; however, theapplicant is a priest at the Canada Kandasamy Temple. The World Tamil Movement took forciblecontrol of the temple and the temple has become a cash cow for the LTTE. 28 The WTM is a leadingfront organization for the LTTE. As highlighted above, the LTTE is an organization that has engagedin terrorist activities in order to achieve its goals. When considering the above, there are reasonablegrounds to believe that the applicant was a member of an organization that has engaged in terrorismand is therefore inadmissible to Canada pursuant to paragraph 34(1)(f) of the IRPA.

Recommendation

(B) The National Security Screening Division (NSSD) recommends that there are reasonable grounds tobelieve that the applicant is inadmissible pursuant to paragraph 34(1 )(f) of, the IRPA at this time. Thedecision of whether the subject is inadmissible rests solely with the decision-maker. We trust that theinformation provided will be of assistance in your decision-making process.

(U)

____

should the applicant be issued an immigrant visa, it is essential that the decision-maker advise our officeof any favourable decision made with respect to the application for permanent residence

(U) Please do not hesitate to contact us should you require additional information or assistance.

Security Screening and Intelligence Analysis Section (SSIA)Outlook: CB SA-ASFC_Intell_PermResRef_Screen_SSIA-Rensjilt_ResPermRefARESSMTP: SSIA-ARES@cbsa-asfc.gc.ca

This document constitutes a record which may be exempt from disclosure under the Access to Information Act orthe Privacy Act. The information or intelligence may also be protected by the provisions of the Canada Evidence

hur://www.dailynews.Ik/2006/07126/feaO3.asp (see source annex)

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Secret with ..hmentAct. The information or intelligence must not be disclosed or used as evidence without prkr consultation with theCanada Border Services Agency (CBSA). Classified information contained within this document cannot bedisclosed to outside parties.

This document is the property of the CBSA. It is loaned to your agency I department in confidence, for internal useonly. It must not be reclassified or disseminated, in whole or in part, without the consent of the originator.

rce Annex:

(B) Person Information Form for Pirabakaran KANTHASAMYIYAR

(S) CSIS. “Security Advice — Information regarding the Permanent Residence application of Mr.

Pirabakaran KANTHASAMYIYAR.” December 13, 2011. (Please note that the attached CSIS brief isoutdated; however, we received an updated CSIS brief dated December 13, 2011 and

(U) Open Source Information

*Cannde Bordr Aence d.s .,w$o 141Sarc Ag.ncy 1raürn dii Cnda a a

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March 23, 2010

Mr. Brett BushManagerCounter Terrorism SectionEnforcement BranchNational Security DivisionIntelligence DirectorateCanada Border Services Agency

Dear Mr. Bush:

1. The following concerns Pirabakaran KMTHASN4YIYAR, born March 21, 1976Sri Lanka. Mr. ICMTITh.SAMYIYAR currently resides in Scarborough, Ontario andpermanent residence in Canada.

the Li__tion i

that has engaged in terrorism.

3. On his Personal Information Form (PIF) narrative dated February 9, 2005, Mr.KANTHASAMYIYAR stated the followinginformation:

508

a) Mr. K THASN4Y1YM. was raised and educated to be a priest, like his father. He

and his older brothers were pressured to join the LTTE. They did not exempt

priests from joining them. Mr. KANTHASAI’IYIYAR’s father paid a lot of money and

jewelry to the Tigers to persuade them not to take Mr. ICANTHASAMYIYAR or hisbrothers. Iia family also contributed food parcels., fearing reprisals for notcontributing a son to their movement.

b) In October 1990, Mx. KNTHASAMYIYAR and his family fled their home. While theywere gone, the LTTE occupied Mr. KANTKSAMYIYAR’s house and used it as a camp.The LTTE manufactured bombs in the house. One of the bombs went off and 14Tigers died. The Army were under the impression that Mr. KANTHAS?MYIYAR’$family had willingly given their house to the Tigers, so his family fled to aLTTE controlled area.

a) Mr. KANTHASANYIYAR was required to work for the LTTE, filling sand bags anddigging bunkers. At times he was taken in their trucks to bring sand from riverbeds and building materials from shops.

d) In. January 1997, Mr. KANTHASAMYIYAR was arrested with his father by the Army andthe Police. They were taken from their home to the Chunnakam Police station,where they spent two days, after whIch time they were transferred to the palalyarmy camp and detained for three weeks.

e) Mr. KI4NTHASAMYIYAR was arrested again by the Army in October 1998 and taken tothe Chunnakam Army camp. In November 2001, he was arrested a third time but wasreleased after two days upon payment of a bribe.

YOUR:OUR:SSRN:

549418-42-02

280045471

in Thunnalai,has applied for

_______________

IMr. ASAMY1AR was a member of

_.il Movement (WTM), an organization

509

f) In February 2002, the LTTE ordered Mr. KANTHASAMYIYAR to work in their political

off ice to teach computer design programs to youths on account of his computer

and English knowledge His class focussed on helping youths with computer

design so they could then design the images on LTTE phone cards.

g) In late 2004, Mr. KANTHASAMYIYAR was pressured to go to Vanni to do voluntary

work helping the displaced Tarnil people. He could not reject this demand,

though he did not want to go, fearing he would be forced to become a militant.

Mr. KANTHASAMYIYAR made up excuses to stall them however, the LTTE said that if

he did not volunteer soon, they would kill him or take his sister.

h) Mr. KANTHASAMYIYAR decided to flee Sri Lanka. On December 26, 2004, the day of

the Tsunami disaster, he escaped and went to Colombo where he stayed at a

neighbours relative’s house. This family arranged for an agent to help Mr.

KANTHASAMYIYAR travel to Canada. They also promised to cover the entire cost of

his travel or get his father to pay or contribute payment.

i) The agent provided Mr. KANTHASAMYIYAR with a Sri Lankan passport with a forged

Swiss visa. On the flight to Switzerland, the agent took away the Sri Lankan

passport and replaced it with a Canadian passport. The agent also provided Mr.

KANTHASANYIYAR with an Ontario driver’s license with his photo, an OHIP card and

some department store credit cards.

4. On his Application for Permanent Residence (1MM 5202) dated February 14, 2006, Mr.

KANTHASANYIYAR indicated the following

information:

a) Mr. KANTHASAMYIYAR arrived in Canada on January 13, 2005.

b) He listed his employment as ‘volunteer priest” at the Canada Kanthaswamy Temple

(CKT) in Scarborough, Ontario from January 2005 until January 2006, and

“priest”, also at the CKT, from January 2006 to present.

5. The Service interviewed Mr. KANTHASAMYIYAR at the offices of Citizenship and

Immigration Canada (dC), Toronto Central, on April 8, 2008 when the following information

was provided (May be used by officials of your department for additional dealings with

Client (MUWCfl:

a) Mr. KANTHASANYIYAR has an uncle who is a Hindu Priest at the Siva Vishnu Temple

in Toronto. When Mr. K1UTHASAMYIYAR arrived in Canada he stayed with his uncle

for one day and one night, He then went to a motel for three or four days. Mr.

KANTHASAMYIVAR asked Tamil people he found in shops where he could contact a

Hindu Temple to find work as a priest and was directed to the CKT. (MVWC)

b) At the CKT, Mr. KANTHASAMYIYAR found work, and living arrangements were made f or

him “through people at the temple.” Mr. KANTHASAMYIYAR continues to be employed

at the CKT. He works full time as a Hindu Priest; he offers six poojahs per

day, seven days a week and is at the Temple all day, everyday. (MUWC)

c) Mr. KANTHASAMYIYAP. stated that he travelled to Singapore to be married in the

summer of 2007. Mr. KANTHASAI’IYIYAR reported that on this trip, he took side

trips to Malaysia, Germany and Switzerland, without his new wife, for which the

expenses incurred were paid for by the CKT. (MLJWC)

d) Mr. KANTHASAMYIYAR was in possession of a complete set of Canadian

identification in the name of Mahinathan SANMUGALINGAM when he entered Canada at

the Pearson International Airport (PIA), including an Ontario Drivers licence.

(MUWC)

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510

e) Mr. KANTHASINYIYAR stated he was forced to help the LTrE on different occasions.

He provided several examples of being taken to dig bunkers or fill sand bags.

However, for each example, Mr. ICANTHASANYIYAR was unable to provide specificdetails of what happened or when, stating that he could not remember. In oneexample, Mr. KA1’7TRSAj4YIyAR said he was taken from Jaffna College possibly in

1992 when he was 19 or 20 years old. (MUWC)

f) Mr. KMTTHASANYIYAR was then asked on several occasions if he was forced by the

LTTE to do any other tasks and he consistently said he was not. At that point

in the iiiterview, the only thing he said he was forced to do was dig bunkers and

fill sand bags. (ZWWC)

g) Following this, Mr. KANT YIYAR was queried with regards to the statement he

made on his PIP about teaching computer courses for the LTTE, to which he

admitted that he had in fact taught a computer course at LTTE offices one or two

days a week for about six months in 2004. The LTTE would drive him to the

office to teach the course. (MUWC)

h) Mr. XANTHASAHYIYAR indicated that he was arrested on two occasions by the SLP’.

and taken to the hunnakam army camp and held for two or three days. The only

group that arrested the subject was the SLA with what he described as “other

movement people.” When asked what other movement he was speaking of,Mr. K THASAMYIYAI related the “EPRLF” but he did not know what the acronym

stood for. When asked to describe the Chunnakam army camp the Only description

he could give was that there was “barb wire high up.” (MtJWC)

1) Mr. KANTHASAMYIYAR related that his family was forced to give food packets to

the LTTE but his brothers were not bothered by the LTrE to work becauøe they

were Hindu priests. When jt was pointed out to Mr. KANTHASAMYTYAR that in his

PIP narrative he stated that he and his brothers were pressured to join, and

that the LTTE did not exempt priests from joining them, Mr. KANTHASAMYIYAR could

not explain the discrepancy and said that the statement he had provided at his

Service interview was wrong. (MUwC)

j) Mr. KANTHASAMYIYAR denied ever belonging to the LTTE / WTM and also denied

having any knowledge of the LTTE / WTM in Toronto or of any fundraising efforts

on their behalf at the CKT. (KElP/C)

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511

10. Service findings are valid for from the issuance date of this

document. Should an update be required, a request along with changes to the Application for

Permanent Residence form should be sent to the Service.

This document constitutes a record which may be subject to mandatory exemption under the

Access Cc Information Act or the Privacy Act. The information or intelligence may also be

protected by the provisions of the Canada Bvidence Act. The information or intelligence

must not be disclosed or used as evidence without prior consultation with the Canadian

Security Intelligence Service.

Canadian Security Intelligence ServiceP.O. Box 9732Ottawa Postal TerminalOttawa, Ontario K1G 4G4Attn: Access ,and Privacy CoordinatorTe1 (613) 231-0107

This document is the property of the Canadian Security Intelligence Service. It is loaned to

your agency / department in confidence, for internal use only. It must not be reclassified

or disseminated, in whole or in part, without the consent of the originator. If you are

subject to freedom of information or

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__..._-.....)iR’S responses during his Apr interview

incons stent and cted with statements made in his PIP narrative. Mr. KANTHASANYIYAR

demonstrated a lack of knowledge regarding his PIP statements and when queried about it, he

furthered that some of his previous statements made during his Service interview were wrong.

Upon his arrival to Canada on January 13, 2005, Mr. KANTRASAMYIYA had with him a complete

set of Canadian identification, including an Ontario drivers licence, an 0111? card and some

department store credit cards which were in the name of the above noted individual

(paragraph # 5.d). Although he came to Canada as a refugee, the amount of fraudulent

documentation in his possession is cause for concern.

9. Statements and admissions made by Mr. KANThASANYIYAR during the April, 2008, interview

with the Service may be used by officials of your department for additional dealings with

Mr. KANTHASAMYIThR only.

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other laws which do not allow you to protect this information from disclosure, notify CSIS

immediately and return the document..

This document is the property of the Canadian Security Intelligence Service and may

constitute “special operational informationu as defined in the Security of Information Act.

Yours sincerely,

ISecurity Screening BranchCanadian Security Intelligence Service

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