Date: 19971103
Docket: IMM-4592-97
BETWEEN:
AYODELE AKINSOLA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
REED, J.
[1] Counsel for the respondent consented to the filing of the supplementary affidavit dated October 31, 1997, which was given to him a few minutes before the hearing of the stay application, and on which he had no opportunity to cross-examine.
[2] He did so while indicating that parts of that affidavit were clearly false. He gave his consent because in his view, it is preferable for the Court to have the evidence that a party profers before it rather than having that evidence refused because of lateness.
[3] Counsel consented to the filing of the affidavit, and the Court accepted it, on the understanding that counsel for the respondent was not agreeing that its contents were true. He further indicated that he would demonstrate that portions were obviously false by reference to portions of the record.
[4] After hearing both counsel and reviewing not only the October 31, 1997 affidavit but the earlier affidavit filed by the applicant, and the material on the file, the Court formed the opinion that the applicant was so completely lacking in credibility, that no weight could be placed on any of his assertions about the alleged harm that would befall him should he be returned to Nigeria. There being insufficient evidence to convince the Court, despite the convention refugee determination in 1994, that irreparable harm is likely to occur if the applicant is returned to Nigeria, a stay order is not granted.
"B. Reed"
Judge
TORONTO, ONTARIO
November 3, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4592-97
STYLE OF CAUSE: AYODELE AKINSOLA
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: NOVEMBER 3, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: REED, J.
DATED: NOVEMBER 3, 1997
APPEARANCES:
Mr. Munyonzwe. Hamalengwa
For the Applicant
Mr. Brian Frimeth
For the Respondent
SOLICITORS OF RECORD: Mr. Munyonzwe Hamalengwa
Barrister and Solicitor
2 Sheppard Ave. East, Suite 900
North York, Ontario
M2N 5Y7
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent