Ottawa, Ontario, June 19, 2007
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
and
AND IMMIGRATION
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.
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