Oloye v. Canada (Minister of Citizenship and Immigration), 2001 FCT 969

Date: 20010829

Docket: IMM-6034-00

Neutral citation: 2001 FCT 969

BETWEEN:

RUTH OSASOGIE OLOYE

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

NADON J.

[1]                 Notwithstanding Ms. Anaele's forceful arguments, I have not been persuaded that the Refugee Board made any errors, either of fact or of law, which would allow me to intervene.

[2]                 The Board found many aspects of the applicant's story not credible. As a result, the Board concluded that the factual basis underlying the applicant's refugee claim was non existent. Hence, the Board could not conclude that the applicant was a refugee.

[3]                 In concluding that the applicant was not credible, the Board found that there were important inconsistencies and omissions between her oral and written testimony and the notes of the interview conducted by an immigration officer at the port of entry. That finding, in my view, is unassailable.

[4]                 The Board was also troubled by the applicant's evidence concerning her release from detention in Nigeria. In that regard, the applicant's personal information form is to the effect that after having spent two months in detention, her relatives bribed prison guards in order to obtain her release. However, in her viva voce evidence, the applicant stated that she had been able to secure her release by sleeping with one of the guards who then allowed her to contact her family. Again, I have no difficulty concluding that the Board's conclusion regarding the applicant's credibility is entirely reasonable.

[5]                 For these reasons, this application for judicial review is dismissed.

"Marc Nadon"

                                                                                                                                             J.F.C.C.                       

Toronto, Ontario

August 29, 2001

                                                                                         FEDERAL COURT OF CANADA

                                      Names of Counsel and Solicitors of Record

DOCKET:                                                            IMM-6034-00

STYLE OF CAUSE:                                           RUTH OSASOGIE OLOYE

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                                                                        Respondent

DATE OF HEARING:                           TUESDAY, AUGUST 28, 2001

PLACE OF HEARING:                                      TORONTO, ONTARIO

REASONS FOR ORDER BY:                          NADON J.

DATED:                                                                WEDNESDAY, AUGUST 29, 2001

APPEARANCES:                                              Ms. Stella Iriah Anaele

For the Applicant

Mr. Matthew Oommen

                                                                             For the Respondent

SOLICITORS OF RECORD:                       Ms. Stella Iriah Anaele

Barrister & Solicitor

296A Wilson Ave.

North York, Ontario

M3H 1S8

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

Date: 20010829

Docket: IMM-6034-00

BETWEEN:

RUTH OSASOGIE OLOYE

Applicant

- and -

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

                                                                                               Respondent

REASONS FOR ORDER