Date: 19980216
Docket: IMM-361-97
BETWEEN:
HADIYO ALI ADAN,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
(delivered orally from the bench in Toronto, on January 8, 1998)
MULDOON, J.
[1] HIS LORDSHIP: I am not persuaded that the applicant has convincing proof or arguments that the Convention Refugee Determination Division made an error of reviewable proportions, if any error at all, in its determination of her status, despite the valiant and highly professional efforts of her Counsel. In this regard, she certainly has no reason to be displeased with the efforts of her Counsel.
[2] In fact, there appears to be little, if any, merit in her claim. It cannot be accepted that because she is 69 years of age that she cannot board an airplane and go to Somalia. Return, indeed, to Somalia. There is no indication that she is not a normal, healthy 69 year old woman. Her age is no argument in her favour and against the Board's finding that an Internal Flight Alternative exists for anyone making a refugee claim against Somalia in the north eastern part of the country. The north eastern part of the country appears, on the evidence before the Board, to be an Internal Flight Alternative.
[3] One source of evidence, and perhaps the only one, to which the applicant's Counsel was able to point to was a report from one Matt Bryden taken from a 1993 article. Unfortunately for the applicant's case, her source, the very same omnipresent Matt Bryden, gave different reports at later dates closer to the present time, such as in 1996, where he reported that the north eastern corner of the country was relatively peaceful. There was no overt conflict. Those are not direct quotes but that is the meaning of what he wrote.
[4] Matt Bryden turned out to be a leaky vessel in which to place her hopes for the quashing of the CRDD decision.
[5] On the other hand, the tribunal record is replete with references to peace having been ongoing for some time, and I refer to pages -- and these are not in numerical order -- 373, 255, 256, 321, 173, 372. It is indicated on these pages that the Darod and its sub clan the Majerteen control the north east.
[6] The applicant, herself, at the hearing before the CRDD indicated that the Majerteen homelands were in the north east, and were those very centres which the CRDD identified as an Internal Flight Alternative. At page 157 it says that the travel and repatriation are accomplished without incident. In fact, there was ample evidence to support the CRDD's finding.
[7] Counsel on both sides did not pose any serious question of general importance to be certified by this court and so no question is certified.
[8] In all of the circumstances, without any joy whatsoever, the court dismisses the application and affirms the CRDD's decision in this matter of Hadiyo Ali Adan, file number T95-02330.
[9] If there be any questions by Counsel, the court will be pleased to try to respond.
[10] MR. BRENDER: No questions, my lord.
[11] MR. ATUOBI-DANSO: No questions.
[12] HIS LORDSHIP: Thank you. One last word. The court expresses compliments to both Counsel for the best possible performance for your clients. That said, the court will rise.
F.C. Muldoon
Judge
Ottawa, Ontario
February 16, 1998
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