Federal Court Decisions

Decision Information

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

 

 

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