SALIU SHOLA SAHEED Applicant v. MINISTER OF CITIZENSHIP, 2022 FC 742

Date: 20220518 Docket: IMM-4066-21 Citation: 2022 FC 742 St. John’s, Newfoundland and Labrador, May 18, 2022 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:SALIU SHOLA SAHEEDApplicantandMINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent REASONS AND JUDGMENT [1] Mr. Saliu Shola Saheed (the "“Applicant”") seeks judicial review of the decision of the Immigration and Refugee Board, RefugeeAppeal Division (the "“RAD”"), dismissing his appeal from the Immigration and Refugee Board, Refugee Protection Division (the"“RPD”"). [2] The Applicant is a citizen of Nigeria, from Kwara State.

He fears persecution from the Eiye Confraternity. The RAD found that thedeterminative issue is the availability of an Internal Flight Alternative ("“IFA”") in Port Harcourt or Abuja. [3] The Applicant argues that the finding about an IFA is unreasonable. [4] The Minister of Citizenship and Immigration (the "“Respondent”") submits that the finding is supported by the evidence and isreasonable. [5] The decision of the RAD is reviewable on the standard of reasonableness; see the decision in Canada (Minister of Citizenship andImmigration) v.

Vavilov (2019), 2019 SCC 65 , 441 D.L.R. (4th) 1 (S.C.C.). [6] In considering reasonableness, the Court is to ask if the decision under review "“bears the hallmarks of reasonableness – justification,transparency and intelligibility – and whether it is justified in relation to the relevant factual and legal constraints that bear on thatdecision”"; see Vavilov, supra at paragraph 99. [7] The legal test for an IFA is addressed in Rasaratnam v.

Canada (Minister of Employment and Immigration) (1991), (FCA), 140 N.R. 138. [8] The Applicant takes issue with the RAD’s treatment of the second prong of this test. [9] Upon review of the materials filed and the written and oral submissions of the parties, I am not persuaded that the IFA finding of theRAD is unreasonable. [10] In the result, the application for judicial review will be dismissed. There is no question for certification. JUDGMENT in IMM-4066-21 THIS COURT’S JUDGMENT is that the application for judicial review is dismissed. There is no question for certification. "E.

Heneghan" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4066-21 STYLE OF CAUSE: SALIU SHOLA SAHEED v MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING: HELD BY WAY OF VIDEOCONFERENCE BETWEEN TORONTO, ONTARIO AND ST. JOHN’S, NEWFOUNDLAND AND LABRADOR DATE OF HEARING: MAY 10, 2022 REASONS AND JUDGMENT: HENEGHAN J. DATED: MAY 18, 2022 APPEARANCES : Sunday O. Adeyemi FOR THE APPLICANT Laura Christodoulides FOR THE RESPONDENT SOLICITORS OF RECORD : Law Office of Sunday Adeyemi Barrister & Solicitor Toronto, Ontario FOR THE APPLICANT Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT