Makanju v. Canada (Citizenship and Immigration)

Makanju v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2023-04-06
Neutral citation
2023 FC 490
File numbers
IMM-4451-22
Decision Content
Date: 20230406
Docket: IMM-4451-22
Citation: 2023 FC 490
Toronto, Ontario, April 6, 2023
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
OMOWALE ISMAEEL MAKANJU
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS AND JUDGMENT
[1]Mr. Omowale Ismaeel Makanju (the “Applicant”) seeks judicial review of the decision of an Officer (the “Officer”) refusing his Pre-Removal Risk Assessment (“PPRA”) application made pursuant to section 112 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”).
[2]The Applicant is a citizen of Nigeria. Following his arrival in Canada on October 5, 2018, he claimed refugee protection on the basis of a dispute with a man in Nigeria about a local kingship. His claim was rejected by the Immigration and Refugee Board, Refugee Protection Division on May 22, 2019, on grounds of credibility.
[3]The Applicant appealed to the Immigration and Refugee Board, Refugee Appeal Division. His appeal was dismissed by a decision dated September 20, 2019.
[4]The Applicant submitted his PRRA application on June 21, 2021. He raised a new risk, that is a claim of risk from the authorities due to his involvement with the Indigenous People of Biafra (“IPOB”) movement in Niagara. He did not raise this risk in connection with his claim for refugee protection.
[5]The Officer denied the Applicant’s PRRA application on the grounds that the evidence submitted was insufficient to establish his claim.
[6]The Applicant argues that the Officer failed to consider the evidence he submitted in support of the new risk. That evidence consisted of text messages from his wife.
[7]The decision is reviewable on the standard of reasonableness, following the decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, [2019] 4 S.C.R. 653 (S.C.C.).
[8]In considering reasonableness, the Court is to ask if the decision under review "bears the hallmarks of reasonableness -justification, transparency and intelligibility - and whether it is justified in relation to the relevant factual and legal constraints that bear on the decision"; see Vavilov, supra at paragraph 99.
[9]Upon considering the evidence submitted and the submissions, both written and oral, of the parties, I am not persuaded the Officer made a reviewable error. The decision reflects an appreciation of the evidence submitted by the Applicant. It is the task of the Officer, not of the Court, to weigh the evidence. The decision meets the applicable standard of review and the application for judicial review will be dismissed.
JUDGMENT in IMM-4451-22
THIS COURT’S JUDGMENT is that the application for judicial review is dismissed. There is no question for certification.
“E. Heneghan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-4451-22
STYLE OF CAUSE:
OMOWALE ISMAEEL MAKANJU v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:
TORONTO, ONTARIO
DATE OF HEARING:
APRIL 4, 2023
REASONS AND JUDGMENT:
HENEGHAN J.
DATED:
April 6, 2023
APPEARANCES:
Matthew Tubie
FOR THE APPLICANT
David Knapp
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Matthew Nicholas LLP Toronto, Ontario
FOR THE APPLICANT
Attorney General of Canada Toronto, Ontario
FOR THE RESPONDENT