Date: 20030225
Docket: IMM-4816-01
Neutral citation: 2003 FCT 228
Ottawa, Ontario, Tuesday, this 25th day of February, 2003.
Present: THE HONOURABLE MR. JUSTICE KELEN
Between:
TIMOTHY ELAIHO
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of the decision of the Convention Refugee Determination Division of the Immigration and Refugee Board ("CRDD"), dated August 22, 2001, wherein the applicant was declared not to be a Convention refugee as defined in the Immigration Act, R.S.C. 1985, c. I-2 (the "Act").
[2] The applicant is a twenty-eight year old male from Nigeria who claims a well-founded fear of persecution based on his membership in a particular social group. He is the eldest son of the head of the Reformed Ogboni Fraternity, which he claims is a cult, and was forced to attend an initiation ceremony in September 1997. As part of the ritual he was cut on his chest, back and arms, and was required to eat part of the body of any member who passed away, but did not do so. When he refused to join to the cult, he was threatened by cult members. These threats forced him to leave the University of Benin and flee to the city of Lagos. When cult members found him in Lagos he was forced to flee to Canada. He claims that he considered going to the police, but did not do so because he believes the police are bribed easily and that many police officers are Ogboni members.
[3] The applicant's claim was denied by the CRDD. The CRDD did not believe the applicant or that the Ogboni used violence against the applicant in the initiation rite as the allegations were inconsistent with the documentary evidence provided by the Immigration and Refugee Board's Research Directorate. This evidence indicated that the Ogboni Fraternity was not associated with violent crimes and was more like a society or lodge, such as the Masons, than a cult. The CRDD also found that adequate state protection was available to the applicant and that he had a duty to seek protection from the police before leaving Nigeria and seeking international protection.
[4] The applicant argues that the CRDD ignored a medical report confirming that the applicant had scars "consistent with typical initiation scars - as practised in some parts of Nigeria."
[5] It is evident from the CRDD's decision that it considered the medical report, but did not believe that the scars were result of cuts inflicted by the Ogboni. This is a credibility issue. In light of the documentary evidence provided to the panel, this credibility finding was reasonable. Nor did CRDD ignore any relevant documentary evidence. The documentary evidence referred to by the applicant is dated and provides little support for his claim. Given its marginal relevance, the CRDD did not err by not referring to this evidence in its reasons, see Hassan v. Canada (Minister of Employment and Immigration) (1992), 147 N.R. 317 (F.C.A.). The documentary evidence overwhelming supports the CRDD's conclusions that the Ogboni fraternity is not engaged in violent activities or cannibalism, and that the police do investigate and prosecute incidents of criminal behaviour among cults.
[6] The CRDD did not commit any reviewable errors in dismissing the applicant's claim and the Court has no basis to intervene.
ORDER
THIS COURT ORDERS THAT:
This application for judicial review is dismissed.
"Michael A. Kelen"
J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4816-01
STYLE OF CAUSE: TIMOTHY ELAIHO v. MCI
DATE OF HEARING: FEBRUARY 12, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: THE HONOURABLE MR. JUSTICE KELEN
DATED: FEBRUARY 25, 2003
APPEARANCES BY: Mr. Timothy Elaiho
Applicant in own right
Ms. Pamela Larmondin
...................................
...................................
Respondent
SOLICITORS OF RECORD: Mr.Timothy Elaiho
1450 Sheppard Ave. West
Apt. 709
Toronto, Ontario
M3M 2X1
Applicant in own right
Ms. Pamela Larmondin
Department of Justice
130 King Street West, Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Tel:416-952-6210
Fax:416-954-8982
Respondent
FEDERAL COURT OF CANADA
Date: 20030225
Docket: IMM-4816-01
BETWEEN:
TIMOTHY ELAIHO
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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