Book Title: Credibility – Nigerian Refugee Claims in Canada
Author: Prof. Charles Mwewa
Reviewer: Stephen Misori
Buy it here: Amazon
In the corridors of justice, the phrase “Ignorance is no defense” is a common refrain, one that has left many struggling in their pursuit of justice, with some tragically losing their lives before accessing it.
In his book Credibility – Nigerian Refugee Claims in Canada, Prof. Charles Mwewa, a renowned author across various genres, offers a comprehensive guide for Nigerians seeking asylum and protection in Canada. He addresses the significant challenges they face, particularly those related to credibility, and provides insights to help navigate the complex legal process.
Prof Mwewa highlights the importance of Canada’s National Documentation Package (NDP) and explains the refugee determination system. This book outlines common refugee claim issues such as fear of internal flight alternatives, persecution, and state protection, with a particular focus on the difficulties Nigerian claimants encounter in proving the credibility of their documents and stories.
In Chapter 1, titled Refugee Determination, Prof. Mwewa provides a comprehensive roadmap for Nigerian refugee claimants in Canada, focusing on critical aspects such as credibility, document authenticity, and the refugee knowledge test.
He explains the workings of Canada’s refugee determination system, emphasizing the country’s adherence to international frameworks like the 1951 UN Refugee Convention. Mwewa underscores Canada’s commitment to protecting refugees while stressing the importance of thorough preparation to successfully navigate the process.
His insights are invaluable for both claimants and their legal counsel in understanding the complexities involved in Nigerian refugee claims.
In Chapter 2, Prof Mwewa introduces the United Nations Refugee Convention and Canadian immigration law, which offers a comprehensive examination of the legal distinction between persecution and discrimination.
He outlines in this book, the five grounds for seeking asylum – race, religion, nationality, political opinion, and membership in particular social group- emphasizing the critical need for claimants to meet legal criteria, not humanitarian concerns.
Mwewa expertly navigates through key international instruments, highlighting their application in refugee claims, especially in the Canadian context, while addressing complex issues such as HIV/AIDS claims and criminal exclusions from refugee status.
In Chapter 3, titled Statutory Definition of a Refugee, Mwewa offers a comprehensive overview of the refugee protection framework in Canada, focusing on the legal process and criteria under the Immigration and Refugee Protection Act (IRPA).
He explains the definitions of a Convention Refugee and a person in need of protection, detailing the steps involved in making a refugee claim, including key reforms and procedures. The section also covers the role of the Refugee Protection Division (RPD) and the balance of probabilities standard used in determining refugee status, making it a practical guide for claimants and practitioners alike.
In Chapter 4, Mwewa offers a comprehensive guide to navigating the Canadian refugee system. This chapter emphasizes the critical role of the Basis of Claim (BOC) document in establishing a credible refugee claim, highlighting the importance of accuracy, coherence, and sincerity.
Mwewa outlines five key factors for building credibility in refugee hearings, including trustworthiness, reliability, and logical storytelling.
Mwewa also gives a detailed socioeconomic and political overview of Nigeria. He writes about Nigeria as a West African country with a complex history, shaped by British colonization and its struggle for stability after gaining independence in 1960.
Following years of military rule and political unrest, Nigeria transitioned to civilian governance in 1999, though corruption and political instability persist. The peaceful transfer of power in 2015 was a significant milestone.
Geographically, Nigeria features diverse terrains and climates, from equatorial zones in the south to arid regions in the north. With a population exceeding 214 million, Nigeria is the most populous country in Africa, home to over 250 ethnic groups and a rich linguistic landscape.
Its economy, the largest in Sub Saharan Africa, is primarily driven by oil, though sectors like agriculture and telecommunications are growing. Despite economic progress, Nigeria faces significant challenges, including widespread poverty, high unemployment, infrastructure gaps, and insecurity. Mwewa says the nation’s youth, in particular, face uncertain prospects amidst these ongoing social and economic difficulties.
The author also provides an in-depth analysis of the revocation of the IRB’s jurisprudential Guide (JG) TB7 – 19851, focusing on Internal Flight Alternatives (IFA) for Nigerian refugee claimants in Canada.
The decision’s revocation stemmed from updated country conditions that impacted its relevance, yet it remains a persuasive guide. Mwewa explores the legal criteria for establishing a valid IFA, highlighting the two-pronged test based on personal circumstances and persecution risks.
He emphasizes the significance of individualized assessments and psychological evidence in determining whether an IFA is reasonable and viable for asylum seekers.
Prof Mwewa delves into the intersection of violence, healthcare, and refugee protection within the context of Nigeria’s ongoing crises. He highlights Boko Haram’s 2020 attacks, including the theft of medical supplies and abduction of health workers, which devastated healthcare services in northern Nigeria.
Additionally, the rising influence of armed groups in states like Zamfara has further disrupted health services. Mwewa delves into HIV/AIDS challenges, including efforts to improve treatment and combat gender inequality.
His work underscores the need for trauma – informed approaches and nuanced understanding of gender-based violence in refugee cases. This book readily provides crucial insights into healthcare-related persecution.
Prof Mwewa’s book also focuses on the dire situation of LGBTQ individuals in Nigeria, particularly bisexuals like Mr. Ondejagbo. The narrative highlights how homosexuality and bisexuality are heavily stigmatized, deemed unnatural, immoral, and even demonic.
Nigeria’s 2013 Same – Sex Marriage (Prohibition) Act punishes same – sex relationships with up to 14 years in prison. Ondejagbo’s case illustrates the social and legal persecution faced by LGBTQ people, with beatings, societal rejection, and lack of healthcare. The piece underscores the challenges LGBTQ Nigerians face and their fear of returning home.
Prof Mwewa delivers an in-depth exploration of the procedural rules governing refugee protection claims, focusing on the intricacies of legal processes within immigration divisions.
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This book is a must read for legal practitioners, policy makers, and anyone interested in refugee law. Mwewa explains complex legal terms and procedures in a clear and accessible manner, addressing key aspects like changes in hearing locations, joining and separating claims, and the conduct of public proceedings.
His detailed analysis also covers procedural applications, timelines, and the responsibilities of both parties and counsel in refugee hearings. He further emphasizes the importance of natural justice, providing crucial insight into how these principles affect refugee claims, reinstatements, and reopening applications.
This chapter serves as a crucial resource for navigating the legal landscape o immigration, particularly in addressing vulnerable persons and ensuring fairness throughout legal proceedings. Credibility – Nigerian Refugee Claims in Canada stands out for its clarity, depth, and practical relevance in contemporary refugee and immigration law.
