Federal Court Decisions

Date: 20070619

Docket: IMM-2292-06

Citation: 2007 FC 655

Ottawa, Ontario, June 19, 2007

PRESENT:     The Honourable Madam Justice Heneghan

BETWEEN:

ALAOWEI OLALEKA DA-COCODIA

Applicant

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER AND ORDER

[1]               Mr. Alaowei Olaleka Da-Cocodia (the “Applicant”) seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the “Board”). In its decision dated April 11, 2006, the Board determined that the Applicant was not a Convention refugee nor a person in need of protection as defined by sections 96 and 97, respectively, of the Immigration and Refugee and Protection Act, S.C. 2001, c.27 as amended (the “Act”).

[2]               The Applicant is a citizen of Nigeria. He came to Canada pursuant to a student’s visa in 1999. On January 7, 2005, he sought refugee protection on the basis of fear of the military in Nigeria and also upon the basis of sexual orientation, that is bisexuality.

[3]               The Board did not believe the Applicant’s evidence and therefore rejected his claim. Nonetheless, it addressed the availability of an Internal Flight Alternative (“IFA”) and determined that an IFA was available in Lagos.

[4]               The Applicant has not demonstrated that the Board’s conclusions fail to withstand the applicable patent unreasonableness standard of review: Aguebor v. Canada (Minister of Employment and Immigration) (1993), 160 N.R. 315 (F.C.A.). He has not shown that the Board committed any error that would justify judicial intervention and this application for judicial review is dismissed, no question for certification arising.

ORDER

This application for judicial review is dismissed, no question for certification arising.

“E. Heneghan”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          IMM-2292-06

STYLE OF CAUSE:                          Alaowei Olaleka Da-Cocodia and

The Minister of Citizenship and                                     Immigration

PLACE OF HEARING:                    Edmonton, Alberta

DATE OF HEARING:                      June 14, 2007

REASONS FOR JUDGMENT

AND JUDGMENT:                          Heneghan J.

DATED:                                             June 19, 2007

APPEARANCES:

Simon Yu                                                                                 FOR APPLICANT

Camille Audain                                                             FOR RESPONDENT

SOLICITORS OF RECORD:

Simon K. Yu Law Office                                                          FOR APPLICANT

Edmonton, Alberta

John H. Sims, Q.C.                                                                  FOR RESPONDENT

Deputy Attorney General of Canada