Abiona v. Canada (Citizenship and Immigration)

Abiona v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2011-12-01
Neutral citation
2011 FC 1400
File numbers
IMM-3446-11
Decision Content
Federal Court
Cour fédérale
Date: 20111201
Docket: IMM-3446-11
Citation: 2011 FC 1400
Toronto, Ontario, December 1, 2011
PRESENT: The Honourable Madam Justice Mactavish
BETWEEN:
PRINCE DAYO ABIONA
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Prince Dayo Abiona claims to fear persecution in Nigeria at the hands of his father’s wife and her son, as a result of a succession dispute regarding the leadership of the Ipodo community. The Immigration and Refugee Board dismissed his refugee claim. At the conclusion of the hearing of Mr. Abiona’s application for judicial review, I advised the parties that I would be dismissing the application. These are my reasons for that decision.
[2] I am satisfied that the Board’s finding that Mr. Abiona did not face a prospective risk in Nigeria was reasonable, given that he had no interest in becoming the king of his community. Moreover, his lack of prospective risk is confirmed by the admission made today that all Mr. Abiona has to do to put an end to the matter is to publicly renounce the throne.
[3] There is a second, independent basis for dismissing the application. The Board found that Mr. Abiona had an internal flight alternative (IFA) in both Port Harcourt and in Ibadan. This finding was entirely reasonable insofar as it relates to Ibadan.
[4] The burden is on the individual seeking refugee protection to establish on a balance of probabilities that there is a serious possibility of persecution throughout the country, including the area which is alleged to afford an IFA: see Rasaratnam v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. 706 (F.C.A.). While Mr. Abiona explained why Port Harcourt was not a viable IFA, he did not provide any evidence to show why he could not live safely in Ibadan, beyond his general assertion that he would not be safe anywhere in Nigeria.
[5] I agree with counsel that this case does not raise an appropriate question for certification.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that this application for judicial review is dismissed.
“Anne Mactavish”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-3446-11
STYLE OF CAUSE: PRINCE DAYO ABIONA v.
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: December 1, 2011
REASONS FOR JUDGMENT
AND JUDGMENT: MACTAVISH J.
DATED: December 1, 2011
APPEARANCES:
Bolanle O. Akinnusi
FOR THE APPLICANT
Maria Burgos
FOR THE RESPONDENT
SOLICITORS OF RECORD:
The Law Office of Bola Akinnusi
Barristers and Solicitors
Toronto, Ontario
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT