Federal Court Decisions

Decision Information

Pacheco v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2013-10-14
Neutral citation 2013 FC 1166
File numbers IMM-10326-12

Decision Content

Federal Court header and its coat of arms

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

 

STYLE OF CAUSE:

ALEXANDER FRANCISCO REPREZA PACHECO (a.k.a. ALEXANDER FRANC REPREZA PACHECO) AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

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:

Jeffrey L. Goldman

                                              FOR THE Applicant

 

Jeanine Plamondon

For The Respondent

 

 

SOLICITORS OF RECORD:

JEFFREY L. GOLDMAN

Barrister and Solicitor

Toronto, Ontario

 

   FOR THE APPLICANT             

 

WILLIAM F. PENTNEY

Deputy Attorney General of Canada

Toronto, Ontario

 

For The Respondent

 

 

 

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