Federal Court Decisions

Date: 20070328

Docket: IMM-3361-06

Citation: 2007 FC 333

Toronto, Ontario, March 28, 2007

PRESENT:     The Honourable Mr. Justice Hughes

BETWEEN:

GERALDINE NNENNASILVA

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1]               The Applicant is a citizen of Nigeria who has sought refugee protection in Canada pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act (IRPA).  Following a hearing at which the Applicant testified, the Immigration and Refugee Protection Board gave a written decision dated 25 May 2006 wherein the Applicant’s claim was rejected.

[2]               In its Reasons the Board expressed concerns as to the credibility of the Applicant.  These concerns led the Board to question seriously the veracity of the Applicant’s central allegation that she fears returning to Nigeria because police and security agents are looking for her based on her political opinion as a member of an entity described as MASSOB which apparently has interests concerning an area within Nigeria known as Biafra.

[3]               The Board clearly made its findings on the evidence and its assessment of the credibility of the Applicant who testified before the Board.  Such findings are entitled to substantial deference on the basis of patent unreasonableness Aguebor v. Canada (Minister of Employment and Immigration) (1993), 160 N.R. 315 (FCA) at ¶ 4.

[4]               The record does not demonstrate nor has counsel for the Applicant demonstrated in argument that the Board made any error in its Reasons or decisions as would warrant on the basis of patent unreasonableness setting the decision aside on this judicial review. No question for certification has been proposed nor do I find that any question should be certified.

JUDGMENT

            THIS COURT ORDERS AND ADJUDGES that:

1.                  The Application is dismissed;

2.                  There is no question for certification;

3.                  No Order as to costs.

“Roger T. Hughes”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-3361-06

STYLE OF CAUSE:                          GERALDINE NNENNASILVA v. THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      March 28, 2007

REASONS FOR JUDGMENT

AND JUDGMENT:                          HUGHES J.

DATED:                                             March 28, 2007

APPEARANCES:

SOLICITORS OF RECORD: