Date: 20060628
Docket: IMM-5789-05
Citation: 2006 FC 821
Ottawa, Ontario, June 28, 2006
PRESENT: The Honourable Madam Justice Dawson
BETWEEN:
MAUREEN AMAGO AJUDUA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] The Refugee Protection Division of the Immigration and Refugee Board (panel) rejected Ms. Ajudua's claim to protection because it did not believe her testimony.
[2] Ms. Ajudua is a citizen of Nigeria whose stated fear is that if she returns to Nigeria she will have to live with her abusive brother-in-law. She says that after the death of her husband and following the one-year period of formal mourning, her late husband's brother told her that, in accordance with custom, he was going to inherit her as one of his wives. When she refused, he repeatedly raped her. She was forced to live as his third wife until she was able to escape with her children to Lagos. Subsequently, she travelled alone to Canada where she made her claim for protection.
[3] Given that her brother-in-law had moved into her home within two weeks of her husband's death and that, pursuant to custom in parts of Nigeria, widows are forced into marital unions with their deceased husband's relations, the panel decided it was implausible that Ms. Ajudua found her brother-in-law's interest in her to be unexpected, and implausible that she took no evasive action during the period of mourning. The panel also found it to be implausible that her brother-in-law, who she claimed was still looking for her in Nigeria, had not found her children who remain in Nigeria. In the alternative, the panel found that adequate state protection exists in Nigeria.
[4] The panel's finding that Ms. Ajudua's story was not believable can only be interfered with by this Court if the finding can be characterized as being patently unreasonable.
[5] The finding that it was implausible that Ms. Ajudua's brother-in-law's actions were unexpected to her was based upon evidence before the panel of the brother-in-law's conduct during the period of mourning, evidence of Nigerian custom and evidence of Ms. Ajudua's knowledge of those customs. Once his intentions were found to be predictable it was not unreasonable for the panel to conclude that it was not plausible that Ms. Ajudua would remain in her home. Similarly, the panel's finding that it was implausible that the brother-in-law would not have found Ms. Ajudua's children was grounded in her evidence of his efforts to find her. The panel's findings of implausibility were, therefore, drawn from the evidence cited by the panel and were not absurd. They cannot, therefore, be said to be patently unreasonable and the application for judicial review should be dismissed.
[6] It is unnecessary to consider the panel's alternate finding of state protection because, as a result of the panel's credibility finding, there is no basis upon which to find that Ms. Ajudua faces any risk of persecution if she returns to Nigeria.
[7] Counsel posed no question for certification, and I am satisfied that no serious question arises on this record. No question will be certified.
JUDGMENT
[8] THIS COURT ORDERS AND ADJUDGES that:
The application for judicial review is dismissed.
"Eleanor R. Dawson"
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5789-05
STYLE OF CAUSE: MAUREEN AMAGO AJUDUA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 15, 2006
REASONS FOR JUDGMENT
AND JUDGMENT: DAWSON, J.
DATED: JUNE 28, 2006
APPEARANCES:
MBONG ELVIRA AKINYEMI FOR THE APPLICANT
MIELKA VISNIC FOR THE RESPONDENT
SOLICITORS OF RECORD:
MBONG ELVIRA AKINYEMI FOR THE APPLICANT
BARRISTER AND SOLICITOR
TORONTO, ONTARIO
JOHN H. SIMS, Q.C. FOR THE RESPONDENT
DEPUTY ATTORNEY GENERAL OF CANADA
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