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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

                                                                          

  


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