Akinsola v. Canada (Minister of Citizenship and Immigration), docket IMM-4592-97

Date: 19971103

Docket: IMM-4592-97

BETWEEN:

     AYODELE AKINSOLA

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

REED, J.

[1]      Counsel for the respondent consented to the filing of the supplementary affidavit dated October 31, 1997, which was given to him a few minutes before the hearing of the stay application, and on which he had no opportunity to cross-examine.

[2]      He did so while indicating that parts of that affidavit were clearly false. He gave his consent because in his view, it is preferable for the Court to have the evidence that a party profers before it rather than having that evidence refused because of lateness.

[3]      Counsel consented to the filing of the affidavit, and the Court accepted it, on the understanding that counsel for the respondent was not agreeing that its contents were true. He further indicated that he would demonstrate that portions were obviously false by reference to portions of the record.

[4]      After hearing both counsel and reviewing not only the October 31, 1997 affidavit but the earlier affidavit filed by the applicant, and the material on the file, the Court formed the opinion that the applicant was so completely lacking in credibility, that no weight could be placed on any of his assertions about the alleged harm that would befall him should he be returned to Nigeria. There being insufficient evidence to convince the Court, despite the convention refugee determination in 1994, that irreparable harm is likely to occur if the applicant is returned to Nigeria, a stay order is not granted.

"B. Reed"

Judge

TORONTO, ONTARIO

November 3, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      IMM-4592-97     

STYLE OF CAUSE:                  AYODELE AKINSOLA

                         - and -

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

DATE OF HEARING:              NOVEMBER 3, 1997

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR ORDER BY:          REED, J.

DATED:                      NOVEMBER 3, 1997

APPEARANCES:

                         Mr. Munyonzwe. Hamalengwa

                             For the Applicant

                         Mr. Brian Frimeth

                             For the Respondent

SOLICITORS OF RECORD:          Mr. Munyonzwe Hamalengwa

                         Barrister and Solicitor

                         2 Sheppard Ave. East, Suite 900

                         North York, Ontario

                         M2N 5Y7

                             For the Applicant

                          George Thomson

                         Deputy Attorney General

                         of Canada

                             For the Respondent