Date: 20030929
Docket: IMM-4847-02
Citation: 2003 FC 1112
Ottawa, Ontario, this 29th day of September 2003
Present: THE HONOURABLE MR. JUSTICE O'REILLY
BETWEEN:
JIMMY OLUFEMI JOHNSON DEKUNLE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Jimmy Olufemi Johnson Dekunle arrived in Canada in May 2000, claiming that he had been imprisoned and tortured in Nigeria for political reasons. A panel of the Immigration and Refugee Board considered his claim and dismissed it for want of credible evidence.
[2] Mr. Dekunle seeks judicial review of the Board's decision, arguing that the Board made a serious error in failing to consider that his troublesome testimony might have been the product of Post Traumatic Stress Disorder ("PTSD"). He tendered a report of a psychologist who had diagnosed him with PTSD, of which he says the Board failed to take adequate account. He asks the Court to order a new hearing.
[3] In the circumstances, I find no error on the Board's part and must dismiss this application for judicial review.
[4] The Board had obviously read and considered the psychologist's report. However, it concluded that the diagnosis did not alter its findings of fact. It had already noted contradictions, discrepancies, implausibilities and omissions in Mr. Dekunle's evidence.
[5] The report does contain some basis for concern about Mr. Dekunle's ability to testify. He told the psychologist that sometimes he is forgetful and has difficulty concentrating. However, the psychologist actually found him to be "well oriented and credible", "in touch with the events and emotional impact of his suffering", "logical and clear" and not nervous.
[6] During the hearing, counsel asked Mr Dekunle about his ability to concentrate. Mr. Dekunle said that he was forgetful. At a later point, Mr. Dekunle said he was confused by a question. However, looking at the transcript as a whole, he did not appear to have any real difficulty testifying. He never said "I don't remember".
[7] Counsel for Mr. Dekunle cited to me authorities suggesting that the Board must explain why it discounts the contents of a psychological or medical report. For example, Justice Gibson has stated that an applicant "is entitled to an assurance that such evidence was taken into account in the credibility finding against him that apparently was based on the evasiveness and confusion in his testimony" (Sanghera v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 87 (QL) (T.D.), at para. 6). However, in that case, the Board did make any reference to the report at all. Similar cases are Sivayoganathan v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1653 (QL) (T.D.); Zapata v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1303 (QL) (T.D.) and Khawaja v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1213 (QL) (T.D.).
[8] This case is different. Here, the Board did consider the psychological report and decided that it did not influence its analysis of the facts. If the Board had dismissed Mr. Dekunle's claim solely on the basis of his demeanour or his inability to recall certain events, the report might have been more central to the Board's evaluation of the evidence. However, it also noted serious contradictions and implausibilities in Mr. Dekunle's testimony. In these circumstances, the Board was entitled to assess the impact of the report in light of the whole of the evidence and assign it little weight: Al-Kahtani v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 335(QL) (T.D.); Canizalez v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 1492; and Boateng v. Canada (Minister of Citizenship and Immigration), [1995] F.C.J. No. 517 (QL) (T.D.)
[9] Accordingly, I must dismiss this application for judicial review. The parties did not propose a question of general importance for me to certify, and none is stated.
JUDGMENT
IT IS HEREBY ADJUDGED that:
1. The application for judicial review is dismissed.
2. No question of general importance is stated.
Judge
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-4847-02
STYLE OF CAUSE: JIMMY OLUFEMI JOHNSON DEKUNLE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: THURSDAY SEPTEMBER 4, 2003
REASONS FOR JUDGMENT
AND JUDGMENT BY: THE HONOURABLE MR. JUSTICE O'REILLY
DATED: MONDAY, September 29, 2003
APPEARANCES BY: Mr. Kingsley Jesuorobo
For the Applicant
Mr. Lorne McCeleneghan
For the Respondent
SOLICITORS OF RECORD: Mr. Kingsley Jesuorobo
968 Wilson Ave, 3rd Floor
North York, Ontario M3K 1E7
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
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