Enododia v. Canada (Minister of Citizenship and Immigration)
Court headnote
Enododia v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-09-28 Neutral citation 2004 FC 1331 File numbers IMM-7201-03 Decision Content Date: 20040928 Docket: IMM-7201-03 Citation: 2004 FC 1331 Toronto, Ontario, September 28th, 2004 Present: The Honourable Madam Justice Heneghan BETWEEN: MAXWELL OSARETIN ENODODIA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. Maxwell Osaretin Enododia (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"), dated August 23, 2003. In its decision, the Board determined the Applicant not to be a Convention refugee or a person in need of protection. [2] The Applicant is a citizen of Nigeria. He claimed protection in Canada on the basis of a fear of persecution relative to the Ogboni cult. His alleged troubles with that group began in 2000, following the death of his father on November 1, 2000. [3] The Board dismissed the claim because it did not find the Applicant's evidence credible when viewed in relation to the available documentary evidence. The Board also found that the Applicant's claim lacked an objective basis. [4] Despite the able submissions of counsel, I am not persuaded that the Board committed a reviewable error in making its decision. The applicable standard of review here is patent unreasonableness; see Miranda v. Canada (Minister of Employm…
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Enododia v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2004-09-28 Neutral citation 2004 FC 1331 File numbers IMM-7201-03 Decision Content Date: 20040928 Docket: IMM-7201-03 Citation: 2004 FC 1331 Toronto, Ontario, September 28th, 2004 Present: The Honourable Madam Justice Heneghan BETWEEN: MAXWELL OSARETIN ENODODIA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] Mr. Maxwell Osaretin Enododia (the "Applicant") seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the "Board"), dated August 23, 2003. In its decision, the Board determined the Applicant not to be a Convention refugee or a person in need of protection. [2] The Applicant is a citizen of Nigeria. He claimed protection in Canada on the basis of a fear of persecution relative to the Ogboni cult. His alleged troubles with that group began in 2000, following the death of his father on November 1, 2000. [3] The Board dismissed the claim because it did not find the Applicant's evidence credible when viewed in relation to the available documentary evidence. The Board also found that the Applicant's claim lacked an objective basis. [4] Despite the able submissions of counsel, I am not persuaded that the Board committed a reviewable error in making its decision. The applicable standard of review here is patent unreasonableness; see Miranda v. Canada (Minister of Employment and Immigration) (1993), 63 F.T.R. 81 (T.D.). The decision is adequately supported by the evidence, including the testimony of the Applicant before the Board. [5] The application for judicial review is dismissed. There is no question for certification arising. ORDER The application for judicial review is dismissed. There is no question for certification arising. "E. Heneghan" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-7201-03 STYLE OF CAUSE: MAXWELL OSARETIN ENODODIA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: SEPTEMBER 28, 2004 REASONS FOR ORDER AND ORDER BY: HENEGHAN J. DATED: SEPTEMBER 28, 2004 APPEARANCES BY: Mr. Kingsley Jesuorobo FOR THE APPLICANT Mr. Marcel Larouche FOR THE RESPONDENT SOLICITORS OF RECORD: Kingsley Jesuorobo Barrister & Solicitor Toronto, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040928 Docket: IMM-7201-03 BETWEEN: MAXWELL OSARETIN ENODODIA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca