Date: 20011129
Docket: IMM-3268-00
Neutral citation:2001 FCT 1319
Toronto, Ontario, Thursday the 29th day of November, 2001
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
HENRY ENITI-OLUWADA OLIHA
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
[1] At the time of the hearing of his Convention refugee claim in April, 2000, the Applicant, a 29 year old citizen of Nigeria, testified to fear of persecution by the Nigerian government as a result of his membership in a particular social group, namely members of the Ijaw youth wing of the Jesse Community Association.
[2] The CRDD found that the Applicant did suffer persecution as alleged. However, with respect to whether the Applicant would suffer a "serious possibility" of future persecution were he returned to Nigeria, after finding that a "serious change" had occurred in the political structure of the country, the following two findings were made:
I acknowledge that the situation in the Delta area has been difficult and that police have committed human rights abuses. However, I find it reasonable that authorities would question and identify the leader of a youth wing of one of the clans in greatest conflict in hopes that they might contain the violence.
There is insufficient evidence before me for me to find that there is a serious possibility that the claimant would be persecuted were he to return to Nigeria. (CRDD Decision, p. 3-4.)
[3] I find that these two statements read together are illogical and cannot be rationalized, and, therefore, constitute a reviewable error on a critical point in issue.
ORDER
1. Accordingly, I set aside the CRDD's decision and refer the matter back to member S. E. Kitchener for redetermination, or if, for whatever reason, she is unavailable to do so, to another CRDD member for redetermination on the following directions:
i) The issue of past persecution as found in the CRDD's decision of May 25th, 2000 stands and is not to be redetermined;
ii) The issue of "serious possibility" of future persecution be redetermined on the facts as they exist on the day of redetermination; and
iii) The applicability of s.2(3) of the Immigration Act be redetermined on the facts as they exist on the date of the redetermination.
"Douglas R. Campbell"
J.F.C.C.
Toronto, Ontario
November 29, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3268-00
STYLE OF CAUSE: HENRY ENITI-OLUWADA OLIHA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: THURSDAY, NOVEMBER 29, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: THURSDAY, NOVEMBER 29, 2001
APPEARANCES: Mr. Kingsley Jesuorobo
For the Applicant
Ms. Pamela Larmondin
For the Respondent
SOLICITORS OF RECORD: Kingsley Jesuorobo
Barrister & Solicitor
968 Wilson Avenue
3rd Floor
North York, Ontario
M3K 1E7
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20011129
Docket: IMM-3268-00
Between:
HENRY ENITI-OLUWADA OLIHA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER