Date: 20060816
Docket: IMM-4766-05
Citation: 2006 FC 985
Ottawa, Ontario, August 16,
2006
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
OSASERE
LUGARD EHIOGHIREN
Applicant
and
THE MINISTER OF CITIZENSHIP
AND
IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
I. Introduction
[1]
The
Applicant was found by the Immigration and Refugee Board (Board) not to be a
refugee or a person in need of protection principally on the grounds of failure
to establish identity. This is the judicial review of the Board’s negative
decision.
II. Facts
[2]
The
Applicant claimed that he was born and raised in the town of Iguelaba, Nigeria. He attested
that he joined an association, the Iguelaba Social Development Front (the ISDF).
He claimed that immediately after joining the ISDF and until he left Nigeria, he, as well
as his father, mother and sister, were subjected to assaults by policemen and
security agents.
[3]
In
support of his identity, the Applicant submitted a letter of identification, a
birth certificate and an ISDF membership card.
[4]
The
Board did not accept the letter of identification due to conflicting stories
with respect to the picture attached to the letter.
[5]
The
Board did not accept the authenticity of the birth certificate because (1)
outside Lagos, certified
copies of birth certificates can only be obtained by local government, and (2)
the document looked new even though it was said to have been issued over 30
years ago. The Board noted that the certificate had no date of issue and that
fraudulent documents were readily available in Nigeria.
[6]
Finally,
the Board held that the ISDF card did not establish his identity because there
was a conflict between his Personal Information Form (PIF), his testimony and
the date of issue on the card.
III. Analysis
[7]
While
there is some debate about whether identity findings should be subject to
review on a standard of patent unreasonableness (see: Gasparyan v. Canada
(Minister of Citizenship and Immigration), 2003 FC 863, [2003] F.C.J. No.
1103 (QL); P.K. v. Canada (Minister of Citizenship and Immigration),
2005 FC 103, [2005] F.C.J. No. 130 (QL); and Najam v. Canada (Minister of
Citizenship and Immigration), 2004 FC 425, [2004] F.C.J. No. 516 (QL)) or
reasonableness simpliciter (see: Rasheed v. Canada (Minister of
Citizenship and Immigration), 2004 FC 587, [2004] F.C.J. No. 715 (QL)),
this case does not turn on that issue. For purposes of this analysis, I have
adopted the reasonableness simpliciter standard although the Board’s
finding on identity is intermingled with credibility findings based on the
Applicant’s PIF and his testimony.
[8]
The
Applicant argued orally that the error in the identity finding was fundamental.
Counsel focused his argument on this issue. The Court concurs that if there was
merit to this judicial review, it would have been on the identity findings as the
other grounds for judicial review had even less basis.
[9]
In
oral argument the Applicant relied heavily on the recent decision in Adaramasha
v. Canada (Minister of
Citizenship and Immigration), 2005 FC 1529, [2005] F.C.J. No. 1886 (QL),
a case not previously cited. The Respondent was given an opportunity
post-hearing to file submissions in respect of this decision.
[10]
In
Adaramasha, the Court found that the Board made unwarranted assumptions
about what a political party identity card should show. The decision has no
application to these facts because in this case the Board’s conclusions were
based primarily on internal inconsistencies in the Applicant’s own evidence in
relation to matters relevant to the identity documentation or otherwise relied
on the Board’s specialized knowledge.
[11]
I
can find nothing unreasonable about the Board’s findings on the identity
documents. There was no unwarranted speculation. There was, however, reasoned
doubt as to authenticity raised by the Applicant’s own evidence.
[12]
Therefore,
this application for judicial review will be dismissed. There is no question to
be certified.
JUDGMENT
IT IS ORDERED THAT this
application for judicial review is dismissed.
“Michael
L. Phelan”
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