Even if refugee appeal division had applied appropriate standard of review, conclusions it reached were not reasonable

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.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights