IMM-2476-96
B E T W E E N:
IRENE EREMOJE ARIRIDU
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
HEALD, D.J.:
This is an application for Judicial Review of a decision of the Convention Refugee Determination Division of the Immigration and Refugee Board (the Board) wherein the applicant was found not to be a Convention refugee.
The applicant is from Nigeria. She claims to fear persecution there because of her political opinion. In Nigeria she had been involved in demonstrations and was imprisoned as a result. While she was a student at Benin University, she became an active member of the Social Democratic Party (S.D.P.). While in police detention she was beaten and tortured. She remained in detention for several months until her father bribed the guards resulting in her release. As a result of constant beatings, she required hospital attention. After her release from hospital, and after hiding in a village, she made arrangements to leave for Jamaica.
The Board found the applicant not to be a Convention refugee based on a lack of credibility. The Board found the applicant's oral testimony to be "evasive" and "vague" and concluded "... that we do not have any trustworthy testimony upon which to base a positive decision." (page 4)
In my view, this conclusion is amply supported by the record. The applicant's evidence was consistently ambiguous and vague. My perusal of the Board's reasons, persuades me that the panel's reasons were given in clear and unmistakable terms as mandated by the Hilo decision1. On this basis, the panel's decision cannot be overturned2.
Neither counsel suggested certification of a serious question of general importance pursuant to section 83 of the Immigration Act. I agree with that view of the matter. No question is certified.
For the above reasons the application for Judicial Review is dismissed.
"Darrel V. Heald"
D. J.
Toronto, Ontario
April 16, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2476-96
STYLE OF CAUSE: IRENE EREMOJE ARIRIDU
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: APRIL 15, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: HEALD, D.J.
DATED: APRIL 16, 1997
APPEARANCES:
Mr. Kingsley Jesuorobo
For the Applicant
Mr. Godwin Friday
For the Respondent
SOLICITORS OF RECORD:
2300 Finch Avenue West
Unit 65
North York, Ontario
M9M 2Y3
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: IMM-2476-96
Between:
IRENE EREMOJE ARIRIDU
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
__________________
1 Hilo v. M.E.I. (1991), 130 N.R. 236 (F.C.A.).
2 Compare Sun v. M.E.I., (June 23, 1993), 92-A-7176 (F.C.T.D.) See also Ankrah v. M.E.I., (March 16, 1993) T-1986-92 (F.C.T.D.)