CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Ariri v. Canada (Minister of Citizenship and Immigration)
IMM-2111-01
2002 FCT 251, Dawson J.
6/3/02
15 pp.
Application for judical review of decision by Convention Refugee Determination Division of Immigration and Refugee Board (CRDD) excluding applicant from application of United Nations Convention Relating to the Status of Refugees due to Convention, Art. 1F(a)--Applicant claiming well-founded fear of persecution in Nigeria by reason of perceived political opinion--In 1984, applicant voluntarily joined Nigerian Navy--In July 1985, made report against commanding officer for bringing teenage girls on board ship for sexual purposes in contravention of regulations--As result, applicant arrested, detained in inhumane conditions for three months--Applicant asserting CRDD's overall assessment of evidence patently unreasonable, perverse, capricious-- Applicant's experience of being unfairly detained, mistreated, threatened when reported sexual activities of commanding officer, criminal behaviour of another officer's wife, evidenced abuses committed by Nigerian Armed Forces, even against own personnel--Applicant's testimony, together with own experience, establishing requisite knowledge of nature, extent of offences committed by military, navy personnel--CRDD could reasonably conclude on evidence before it applicant active, willing participant in military--CRDD's finding applicant did not disengage from military at earliest prudent opportunity supported by evidence before it--Situation parallel to that considered by Court in Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.)--Like Ramirez, applicant active part of military forces which committed collective, deliberate acts of inhumanity-- Harm applicant would have been exposed to for desertion, term of imprisonment, much less than torture, death facing victims of military forces to which adhered--Application dismissed--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1 F(a).