Date: 20000608
Docket: IMM-3877-99
BETWEEN:
ISAAC OLYMUYIWA OLAOLUWA AYANKOJO
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED J. (orally)
[1] I can find no error that would entitle me to set aside the decision under review. The CRDD applied the correct law, as set out in Usuf v. Canada (Minister of Employment and Immigration (1995), 179 N.R. 11 (F.C.A.). While counsel for the applicant referred to the decision in Penate v. Canada (Minister of Employment and Immigration), [1994] 2 F.C. 79 (T.D.), that decision must be read in the light of Osei v. Canada (Secretary of State) (1997), 133 F.T.R. 182, a decision rendered after Usuf.
[2] The CRDD"s factual findings are supported by the evidence before it. I cannot find that it "based its decision on an erroneous finding of fact made in a perverse or capricious manner or without regard to the material before it" - the test that must be applied, described in paragraph 18.1(4)(d) of the Federal Court Act . The applicant"s argument can be described as asking the Court to reach a different decision from that reached by the CRDD because he does not agree with that decision. This is not the role of the Court on judicial review.
[3] With respect to the section 2(3) of Immigration Act, again I can find no error in law on the approach the CRDD took, and its factual findings cannot be said to fall within paragraph 18.1(4)(d) of the Federal Court Act.
[4] For these reasons given, this application will be dismissed.
"B. Reed"
J.F.C.C.
Toronto, Ontario
June 8, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: ISAAC OLUMUYIWA OLAOLUWA AYANKOJO |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| DATE OF HEARING: THURSDAY, JUNE 8, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DATED: THURSDAY, JUNE 8, 2000
| APPEARANCES: Mr. Joel Etienne |
Ms. Negar Hashemi
| SOLICITORS OF RECORD: Mr. Joel Etienne |
Barrister and Solicitor
50 Richmond St. E. Suite 101
Toronto, Ontario
M5C 1N7
| Deputy Attorney General of Canada |
FEDERAL COURT OF CANADA
Date: 20000608
Docket: IMM-3877-99
Between:
| ISAAC OLUMUYIWA OLAOLUWA AYANKOJO |
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
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