Lorance Packinathan’s initial appeal last year was rejected ruling he wasn’t a genuine refugee because he failed to “demonstrate the existence of a subjective fear” by not claiming asylum in Switzerland during a two-hour stopover on a flight to Canada.

The “claimant had always planned to come to Canada, and merely was in transit during a stopover in a third country,” Justice Judith Snider said in a decision. “It would be impossible to come by air, from Sri Lanka to Canada, without a stopover in another country,” quoting the judge, the Toronto Sun reported.

She added: “It is evident that the applicant was in transit to Canada, where he intended to claim refugee protection.”

Packinathan had told the Immigration and Refugee Board (IRB) that he fled to Canada, fearing “the Sri Lankan Army, police, and paramilitaries and Tamil Tigers,” considered a terrorist group in Canada.

Packinathan had a new hearing about three weeks after the arrival of the MV Sun Sea migrants, who are being detained as officials check their identities.

Prominent lawyer Mendel Green said most of the migrants, who recently landed in British Columbia, will have stories to tell the IRB about threats by the Tigers or a lack of protection from the Sri Lankan government.

“They will more than likely be basing their arguments on the political overtones in their homeland,” Green said on Sunday. “Many may claim they cannot receive protection from a new Sri Lanka government.”

The migrants are slated for detention hearings this week. So far, none has been released, the Toronto Sun said.