Da-Cocodia v. Canada (Citizenship and Immigration)
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Da-Cocodia v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-06-19 Neutral citation 2007 FC 655 File numbers IMM-2292-06 Decision Content 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 u…
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Da-Cocodia v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2007-06-19 Neutral citation 2007 FC 655 File numbers IMM-2292-06 Decision Content 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” Judge 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
Source: decisions.fct-cf.gc.ca
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