Soboyejo v. Canada (Minister of Citizenship and Immigration), 2003 FC 1355

                                                                                                                                             Date: 20031120

                                                                                                                                 Docket: IMM-6085-02

                                                                                                                                 Citation: 2003 FC 1355

Between:

                                                   OLUSESAN YAKUBA SOBOYEJO

                                                                                                                                                       Applicant

                                                                              - and -

                                                  THE MINISTER OF CITIZENSHIP

                                                              AND IMMIGRATION

                                                                                                                                                   Respondent

                                                            REASONS FOR ORDER

PINARD J.:

[1]         This is an application for judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board (the "Board") dated November 18, 2002, wherein the Board found that the applicant is not a Convention refugee or a "person in need of protection" as defined in sections 96 and 97 respectively of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

[2]         The applicant is a citizen of Nigeria. He alleges a well-founded fear of persecution because of his religious beliefs and he claims to be in need of protection because unknown persons in Nigeria are intent on killing him.

[3]         The Board concluded that the applicant's claim failed on identity and credibility. Furthermore, the Board found that the claimant had an Internal Flight Alternative ("IFA") in Nigeria.

[4]         In my view, the issue of the IFA is determinative. The Board concluded that the applicant had an IFA in Sagamu, Ogun State because his Personal Information Form indicates that his mother lives in Sagamu and he could easily settle there. Furthermore, documentary evidence indicates that there is no strife between Muslims and Christians in Sagamu. The claimant has the burden of showing that he cannot or will not seek an IFA in his country of residence and the existence of a reasonable IFA puts into question the applicant's case. The appropriate test has been established by the Federal Court of Appeal in Thirunavukkarasu v. Canada (M.E.I.), [1994] 1 F.C. 589, at page 597:

Thus, IFA must be sought, if it is not unreasonable to do so, in the circumstances of the individual claimant. This test is a flexible one, that takes into account the particular situation of the claimant and the particular country involved. This is an objective test and the onus of proof rests on the claimant on this issue, just as it does with all the other aspects of a refugee claim. Consequently, if there is a safe haven for claimants in their own country, where they would be free of persecution, they are expected to avail themselves of it unless they can show that it is objectively unreasonable for them to do so.

[5]         In this case, the applicant has not convinced the Board that it would be unreasonable for him to settle in Sagamu. In light of the evidence and the applicant's testimony, it was not unreasonable for the Board to find that the applicant had access to an IFA in these circumstances, which is sufficient to warrant the dismissal of this application.

[6]         Consequently, the application for judicial review is dismissed.

       JUDGE

OTTAWA, ONTARIO

November 20, 2003

                                                                    FEDERAL COURT

                                NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                            IMM-6085-02

STYLE OF CAUSE:                                            OLUSESAN YAKUBA SOBOYEJO v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                                      Toronto, Ontario

DATE OF HEARING:                           October 15, 2003

REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD

DATED:                                                                November 20, 2003

APPEARANCES:

Mr. Chris Opoka-Okumu                                    FOR THE APPLICANT

Mr. Martin Anderson                                            FOR THE RESPONDENT

SOLICITORS OF RECORD:

Chris Opoka-Okumu                                            FOR THE APPLICANT

Toronto, Ontario

Morris Rosenberg                                                 FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario