Date: 20131014
Docket: IMM-10326-12
Citation: 2013 FC 1166
Toronto, Ontario, November 14, 2013
PRESENT: The Honourable Mr. Justice Zinn
BETWEEN: |
ALEXANDER FRANCISCO REPREZA PACHECO (A.K.A. ALEXANDER FRANC REPREZA PACHECO) |
Applicant |
and |
THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent |
REASONS FOR JUDGMENT AND JUDGMENT
(Delivered from the Bench at Toronto, Ontario)
[1] This application is dismissed. Credibility findings made by Board members are subject to the highest degree of deference by a reviewing court and should only be overturned if there is evidence that those findings were made capriciously or without regard for the evidence.
[2] Neither of those conditions applies in this case; in fact, there is ample evidence in the record to support the Member’s finding that the Applicant was not credible.
[3] There were at least five instances where his evidence conflicted with previous statements that he had made and the Member’s finding of credibility cannot be upset. For this reason, the application is dismissed and no question is certified.
JUDGMENT
THIS COURT’S JUDGMENT is that this application is dismissed and no question is certified.
"Russel W. Zinn"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: |
IMM-10326-12
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STYLE OF CAUSE: |
ALEXANDER FRANCISCO REPREZA PACHECO (a.k.a. ALEXANDER FRANC REPREZA PACHECO) AND THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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PLACE OF HEARING:
toronto, ontario
DATE OF HEARING:
NOVEMBER 14, 2013
REASONS FOR JUDGMENT AND JUDGMENT:
ZINN J.
DELIVERED FROM THE
BENCH: NOVEMBER 14, 2013
APPEARANCES:
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FOR THE Applicant
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For The Respondent
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SOLICITORS OF RECORD:
JEFFREY L. GOLDMAN Barrister and Solicitor Toronto, Ontario
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FOR THE APPLICANT
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WILLIAM F. PENTNEY Deputy Attorney General of Canada Toronto, Ontario
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For The Respondent
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