Oloye v. Canada (Minister of Citizenship and Immigration)
Court headnote
Oloye v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-08-29 Neutral citation 2001 FCT 969 File numbers IMM-6034-00 Decision Content Date: 20010829 Docket: IMM-6034-00 Neutral citation: 2001 FCT 969 BETWEEN: RUTH OSASOGIE OLOYE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER NADON J. [1] Notwithstanding Ms. Anaele's forceful arguments, I have not been persuaded that the Refugee Board made any errors, either of fact or of law, which would allow me to intervene. [2] The Board found many aspects of the applicant's story not credible. As a result, the Board concluded that the factual basis underlying the applicant's refugee claim was non existent. Hence, the Board could not conclude that the applicant was a refugee. [3] In concluding that the applicant was not credible, the Board found that there were important inconsistencies and omissions between her oral and written testimony and the notes of the interview conducted by an immigration officer at the port of entry. That finding, in my view, is unassailable. [4] The Board was also troubled by the applicant's evidence concerning her release from detention in Nigeria. In that regard, the applicant's personal information form is to the effect that after having spent two months in detention, her relatives bribed prison guards in order to obtain her release. However, in her viva voce evidence, the applicant stated that she had been able …
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Oloye v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-08-29 Neutral citation 2001 FCT 969 File numbers IMM-6034-00 Decision Content Date: 20010829 Docket: IMM-6034-00 Neutral citation: 2001 FCT 969 BETWEEN: RUTH OSASOGIE OLOYE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER NADON J. [1] Notwithstanding Ms. Anaele's forceful arguments, I have not been persuaded that the Refugee Board made any errors, either of fact or of law, which would allow me to intervene. [2] The Board found many aspects of the applicant's story not credible. As a result, the Board concluded that the factual basis underlying the applicant's refugee claim was non existent. Hence, the Board could not conclude that the applicant was a refugee. [3] In concluding that the applicant was not credible, the Board found that there were important inconsistencies and omissions between her oral and written testimony and the notes of the interview conducted by an immigration officer at the port of entry. That finding, in my view, is unassailable. [4] The Board was also troubled by the applicant's evidence concerning her release from detention in Nigeria. In that regard, the applicant's personal information form is to the effect that after having spent two months in detention, her relatives bribed prison guards in order to obtain her release. However, in her viva voce evidence, the applicant stated that she had been able to secure her release by sleeping with one of the guards who then allowed her to contact her family. Again, I have no difficulty concluding that the Board's conclusion regarding the applicant's credibility is entirely reasonable. [5] For these reasons, this application for judicial review is dismissed. "Marc Nadon" J.F.C.C. Toronto, Ontario August 29, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: IMM-6034-00 STYLE OF CAUSE: RUTH OSASOGIE OLOYE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent DATE OF HEARING: TUESDAY, AUGUST 28, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR ORDER BY: NADON J. DATED: WEDNESDAY, AUGUST 29, 2001 APPEARANCES: Ms. Stella Iriah Anaele For the Applicant Mr. Matthew Oommen For the Respondent SOLICITORS OF RECORD: Ms. Stella Iriah Anaele Barrister & Solicitor 296A Wilson Ave. North York, Ontario M3H 1S8 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010829 Docket: IMM-6034-00 BETWEEN: RUTH OSASOGIE OLOYE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER
Source: decisions.fct-cf.gc.ca