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Date: 20030929

Docket: IMM-4847-02

Citation: 2003 FC 1112

Ottawa, Ontario, this 29th day of September 2003

Present:           THE HONOURABLE MR. JUSTICE O'REILLY                          

BETWEEN:

                                            JIMMY OLUFEMI JOHNSON DEKUNLE

                                                                                                                                                       Applicant

                                                                              - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                      REASONS FOR JUDGMENT AND JUDGMENT

[1]                 Jimmy Olufemi Johnson Dekunle arrived in Canada in May 2000, claiming that he had been imprisoned and tortured in Nigeria for political reasons. A panel of the Immigration and Refugee Board considered his claim and dismissed it for want of credible evidence.


[2]                 Mr. Dekunle seeks judicial review of the Board's decision, arguing that the Board made a serious error in failing to consider that his troublesome testimony might have been the product of Post Traumatic Stress Disorder ("PTSD"). He tendered a report of a psychologist who had diagnosed him with PTSD, of which he says the Board failed to take adequate account. He asks the Court to order a new hearing.

[3]                 In the circumstances, I find no error on the Board's part and must dismiss this application for judicial review.

[4]                 The Board had obviously read and considered the psychologist's report. However, it concluded that the diagnosis did not alter its findings of fact. It had already noted contradictions, discrepancies, implausibilities and omissions in Mr. Dekunle's evidence.

[5]                 The report does contain some basis for concern about Mr. Dekunle's ability to testify. He told the psychologist that sometimes he is forgetful and has difficulty concentrating. However, the psychologist actually found him to be "well oriented and credible", "in touch with the events and emotional impact of his suffering", "logical and clear" and not nervous.

[6]                 During the hearing, counsel asked Mr Dekunle about his ability to concentrate. Mr. Dekunle said that he was forgetful. At a later point, Mr. Dekunle said he was confused by a question. However, looking at the transcript as a whole, he did not appear to have any real difficulty testifying. He never said "I don't remember".

[7]                 Counsel for Mr. Dekunle cited to me authorities suggesting that the Board must explain why it discounts the contents of a psychological or medical report. For example, Justice Gibson has stated that an applicant "is entitled to an assurance that such evidence was taken into account in the credibility finding against him that apparently was based on the evasiveness and confusion in his testimony" (Sanghera v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 87 (QL) (T.D.), at para. 6). However, in that case, the Board did make any reference to the report at all. Similar cases are Sivayoganathan v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1653 (QL) (T.D.); Zapata v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1303 (QL) (T.D.) and Khawaja v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1213 (QL) (T.D.).

[8]                 This case is different. Here, the Board did consider the psychological report and decided that it did not influence its analysis of the facts. If the Board had dismissed Mr. Dekunle's claim solely on the basis of his demeanour or his inability to recall certain events, the report might have been more central to the Board's evaluation of the evidence. However, it also noted serious contradictions and implausibilities in Mr. Dekunle's testimony. In these circumstances, the Board was entitled to assess the impact of the report in light of the whole of the evidence and assign it little weight: Al-Kahtani v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 335(QL) (T.D.); Canizalez v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 1492; and Boateng v. Canada (Minister of Citizenship and Immigration), [1995] F.C.J. No. 517 (QL) (T.D.)

[9]                 Accordingly, I must dismiss this application for judicial review. The parties did not propose a question of general importance for me to certify, and none is stated.

                                                                        JUDGMENT

IT IS HEREBY ADJUDGED that:

1.          The application for judicial review is dismissed.

2.          No question of general importance is stated.

                                                                                                                                                                                                                               

                                                                                                                                                               Judge                 


                                                                     FEDERAL COURT

             Names of Counsel and Solicitors of Record

DOCKET:                                             IMM-4847-02

STYLE OF CAUSE:                           JIMMY OLUFEMI JOHNSON DEKUNLE

                                                                                                                                                         Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                                                                     Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       THURSDAY SEPTEMBER 4, 2003

REASONS FOR JUDGMENT

AND JUDGMENT BY:                     THE HONOURABLE MR. JUSTICE O'REILLY

DATED:                                                MONDAY, September 29, 2003

APPEARANCES BY:                        Mr. Kingsley Jesuorobo

For the Applicant

Mr. Lorne McCeleneghan

For the Respondent

SOLICITORS OF RECORD:          Mr. Kingsley Jesuorobo

968 Wilson Ave, 3rd Floor

North York, Ontario M3K 1E7

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


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