BETWEEN:
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
REASONS FOR ORDER
[1] I have concluded that the applicant has not demonstrated a serious issue to be considered in his application for leave and for judicial review. Nor has he proven the probability of irreparable harm should he be returned to Nigeria. On the balance of convenience I would also refuse this stay.
[2] I have considered new arguments, raised orally, by counsel for the applicant at this hearing, as to whether the PRRA officer should have held an oral hearing because of concerns about the applicant's credibility. No such hearing was requested by the applicant. In reviewing the officer's decision it appears to me that his concerns were not with the applicant's credibility, but with the adequacy of the documentary evidence submitted by him in support of his belief that he would be persecuted as a witch if he returns to Nigeria.
[3] The application for a stay of removal will therefore be dismissed.
"B. L. Strayer"
D.J.
Toronto, Ontario
January 23, 2006
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-267-06
STYLE OF CAUSE: OSADOLOR AGUEBOR
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JANUARY 23, 2006
APPEARANCES:
| Kingsley Jesuorobo Barrister and Solicitor |
|
|
Vanita Goela Department of Justice |
|
|
|
For the Respondent |
SOLICITORS OF RECORD:
| Kingsley Jesuorobo Barrister and Soilcitor |
|
|
John H. Sims, Q.C. Deputy Attorney General of Canada |
|