Federal court | Immigration
Judicial review
Even if refugee appeal division had applied appropriate standard of review, conclusions it reached were not reasonable
Main applicant and two children, minor applicants, were citizens of Republic of Nigeria. Main applicant was sold into slavery at age 11 to J and she was physically and sexually assaulted by J’s son I who was father of minor applicants and third child born in Canada. I wanted custody of children but he could only get custody if he married main applicant or she was dead and he would not marry her because she was slave. Main applicant left Nigeria for fear that J and I would locate her and kill her in order to gain custody of minor applicants. Main applicant claimed that minor female applicant was at risk of female genital mutilation. Applicants’ claim for refugee protection was rejected by refugee protection division on basis that there was internal flight alternative in Nigeria. Applicant appealed. Refugee appeal division dismissed appeal. Applicants applied for judicial review. Application granted. Appeal division determined that standard of review was correctness but it conducted analysis of merits of appeal using standard of reasonableness. Appeal division did not conduct appeal on standard of correctness, which was error that was sufficient to grant application. Even if appeal division had applied appropriate standard of review, conclusions it reached were not reasonable.
Ezedunor v. Canada (Minister of Citizenship and Immigration) (Jun. 24, 2015, F.C., Russel W. Zinn J., File No. IMM-5186-14) 255 A.C.W.S. (3d) 689.
Even if refugee appeal division had applied appropriate standard of review, conclusions it reached were not reasonable
Main applicant and two children, minor applicants, were citizens of Republic of Nigeria. Main applicant was sold into slavery at age 11 to J and she was physically and sexually assaulted by J’s son I who was father of minor applicants and third child born in Canada. I wanted custody of children but he could only get custody if he married main applicant or she was dead and he would not marry her because she was slave. Main applicant left Nigeria for fear that J and I would locate her and kill her in order to gain custody of minor applicants. Main applicant claimed that minor female applicant was at risk of female genital mutilation. Applicants’ claim for refugee protection was rejected by refugee protection division on basis that there was internal flight alternative in Nigeria. Applicant appealed. Refugee appeal division dismissed appeal. Applicants applied for judicial review. Application granted. Appeal division determined that standard of review was correctness but it conducted analysis of merits of appeal using standard of reasonableness. Appeal division did not conduct appeal on standard of correctness, which was error that was sufficient to grant application. Even if appeal division had applied appropriate standard of review, conclusions it reached were not reasonable.
Ezedunor v. Canada (Minister of Citizenship and Immigration) (Jun. 24, 2015, F.C., Russel W. Zinn J., File No. IMM-5186-14) 255 A.C.W.S. (3d) 689.
