Date: 20040928
Docket: IMM-7201-03
Citation: 2004 FC 1331
Toronto, Ontario, September 28th, 2004
Present: The Honourable Madam Justice Heneghan
BETWEEN:
MAXWELL OSARETIN ENODODIA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] Mr. Maxwell Osaretin Enododia (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"), dated August 23, 2003. In its decision, the Board determined the Applicant not to be a Convention refugee or a person in need of protection.
[2] The Applicant is a citizen of Nigeria. He claimed protection in Canada on the basis of a fear of persecution relative to the Ogboni cult. His alleged troubles with that group began in 2000, following the death of his father on November 1, 2000.
[3] The Board dismissed the claim because it did not find the Applicant's evidence credible when viewed in relation to the available documentary evidence. The Board also found that the Applicant's claim lacked an objective basis.
[4] Despite the able submissions of counsel, I am not persuaded that the Board committed a reviewable error in making its decision. The applicable standard of review here is patent unreasonableness; see Miranda v. Canada (Minister of Employment and Immigration) (1993), 63 F.T.R. 81 (T.D.). The decision is adequately supported by the evidence, including the testimony of the Applicant before the Board.
[5] The application for judicial review is dismissed. There is no question for certification arising.
ORDER
The application for judicial review is dismissed. There is no question for certification arising.
"E. Heneghan"
J.F.C.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-7201-03
STYLE OF CAUSE: MAXWELL OSARETIN ENODODIA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 28, 2004
REASONS FOR ORDER
AND ORDER BY: HENEGHAN J.
DATED: SEPTEMBER 28, 2004
APPEARANCES BY:
Mr. Kingsley Jesuorobo FOR THE APPLICANT
Mr. Marcel Larouche FOR THE RESPONDENT
SOLICITORS OF RECORD:
Kingsley Jesuorobo
Barrister & Solicitor
Toronto, Ontario FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
FEDERAL COURT
Date: 20040928
Docket: IMM-7201-03
BETWEEN:
MAXWELL OSARETIN ENODODIA
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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