SOKOREY SHARIF AHMED Applicant v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION, 2018 FC 201

Date: 20180222 Docket: IMM-2096-17 Citation: 2018 FC 201 Ottawa, Ontario, February 22, 2018 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:SOKOREY SHARIF AHMEDApplicantand THE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent JUDGMENT AND REASONS [1] Ms.

Sokorey Sharie Ahmed (the “Applicant”) seeks judicial review of a decision of the Immigration and Refugee Board, RefugeeProtection Division (the “Board”), dismissing her claim to be found a Convention Refugee or person in need of protection, pursuant tosection 96 and subsection 97(1), respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c 27 (the “Act”). [2] The Board made negative credibility findings and determined that the Applicant had failed to establish her identity, as a citizen ofSomalia.

It also made a finding, pursuant to subsection 107(2) of the Act that the Applicant’s claim had no credible basis. [3] The Board’s decision involved the assessment of evidence and of credibility. These issues are reviewable on the standard ofreasonableness; see the decisions in Koccinar v Canada (Minister of Citizenship and Immigration), 2017 FC 329. The content of thestandard of reasonableness, according to the decision in Dunsmuir v.

New Brunswick, 2008 SCC 9 , [2008] 1 S.C.R. 190 meansthat a decision of a statutory decision maker is justifiable, transparent and intelligible, and falls within a range of possible and acceptableoutcomes. [4] In my opinion, the determinative issue in this application is the Board’s finding that the Applicant had failed to establish her identity.Failure to establish identity allows the Board to dismiss a claim without further consideration; see the decision in Rahal v. Canada(Minister of Citizenship and Immigration), 2012 FC 319. [5]

Section 106 of the Act addresses a claimant’s need to establish identity and provides as follows: Credibility " " Crédibilité 106 The Refugee ProtectionDivision must take into account,with respect to the credibility of aclaimant, whether the claimantpossesses acceptabledocumentation establishingidentity, and if not, whether theyhave provided a reasonableexplanation for the lack ofdocumentation or have takenreasonable steps to obtain thedocumentation." " 106 La

Section de la protectiondes réfugiés prend en compte,s’agissant de crédibilité, le faitque, n’étant pas muni de papiersd’identité acceptables, ledemandeur ne peutraisonnablement en justifier laraison et n’a pas pris les mesuresvoulues pour s’en procurer. [6] The Board rejected the evidence offered by the Applicant. It rejected the evidence of two witnesses who testified on her behalf.

TheBoard was not satisfied with the evidence tendered about the Applicant’s identity as a citizen of Somalia. [7] On the basis of my review of the evidence before the Board, I am satisfied that the Board reasonably concluded that the Applicanthad failed to establish her identity. It is unnecessary for me to address the Applicant’s submission about the Board’s finding pursuant tosubsection 107(2) of the Act. [8] In the result, this application for judicial review is dismissed, no question for certification arising.

JUDGMENT for IMM-2096-17 THIS COURT’S JUDGMENT is that the application for judicial review is dismissed, no question for certification arising. "E. Heneghan"

Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2096-17 STYLE OF CAUSE: SOKOREY SHARIF AHMED v. MCI PLACE OF HEARING: toronto, ontario DATE OF HEARING: november 22, 2017 JUDGMENT AND reasons: HENEGHAN J. DATED: February 22, 2018 APPEARANCES : Lani Gozlan For The Applicant David Joseph For The Respondent SOLICITORS OF RECORD : Lani Gozlan Barrister & Solicitor Toronto, ON For The Applicant Attorney General of Canada For The Respondent