Ariridu v. Canada (Citizenship and Immigration), docket IMM-2476-96

     IMM-2476-96

B E T W E E N:

     IRENE EREMOJE ARIRIDU

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

HEALD, D.J.:

     This is an application for Judicial Review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the Board) wherein the applicant was found not to be a Convention refugee.

     The applicant is from Nigeria. She claims to fear persecution there because of her political opinion. In Nigeria she had been involved in demonstrations and was imprisoned as a result. While she was a student at Benin University, she became an active member of the Social Democratic Party (S.D.P.). While in police detention she was beaten and tortured. She remained in detention for several months until her father bribed the guards resulting in her release. As a result of constant beatings, she required hospital attention. After her release from hospital, and after hiding in a village, she made arrangements to leave for Jamaica.

     The Board found the applicant not to be a Convention refugee based on a lack of credibility. The Board found the applicant's oral testimony to be "evasive" and "vague" and concluded "... that we do not have any trustworthy testimony upon which to base a positive decision." (page 4)

     In my view, this conclusion is amply supported by the record. The applicant's evidence was consistently ambiguous and vague. My perusal of the Board's reasons, persuades me that the panel's reasons were given in clear and unmistakable terms as mandated by the Hilo decision¹. On this basis, the panel's decision cannot be overturned².

     Neither counsel suggested certification of a serious question of general importance pursuant to section 83 of the Immigration Act. I agree with that view of the matter. No question is certified.

     For the above reasons the application for Judicial Review is dismissed.

            

         "Darrel V. Heald"

D. J.

Toronto, Ontario

April 16, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-2476-96

STYLE OF CAUSE:          IRENE EREMOJE ARIRIDU

                     - and -

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

DATE OF HEARING:          APRIL 15, 1997

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR ORDER BY:      HEALD, D.J.

DATED:                  APRIL 16, 1997

APPEARANCES:

                     Mr. Kingsley Jesuorobo

                         For the Applicant

                     Mr. Godwin Friday

                         For the Respondent

SOLICITORS OF RECORD:

                     2300 Finch Avenue West

                     Unit 65

                     North York, Ontario

                     M9M 2Y3

                         For the Applicant

                      George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent

                     FEDERAL COURT OF CANADA

                     Court No.:      IMM-2476-96

                     Between:

                     IRENE EREMOJE ARIRIDU

     Applicant

                         - and -

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

     Respondent

                     REASONS FOR ORDER

__________________

¹      Hilo v. M.E.I. (1991), 130 N.R. 236 (F.C.A.).

²      Compare Sun v. M.E.I., (June 23, 1993), 92-A-7176 (F.C.T.D.)      See also Ankrah v. M.E.I., (March 16, 1993) T-1986-92 (F.C.T.D.)