Cante Hernandez v. Canada (Citizenship and Immigration)

Cante Hernandez v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2013-01-24
Neutral citation
2013 FC 57
File numbers
IMM-5898-12
Decision Content
Date: 20130124
Docket: IMM-5898-12
Citation: 2013 FC 57
[UNREVISED ENGLISH CERTIFIED TRANSLATION]
Montréal, Quebec, January 24, 2013
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
RODNEY HERON CANTE HERNANDEZ
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] When a refugee claim as a whole makes no sense and the very crux of it has no merit, the claimant’s story itself crumbles.
[2] In response to the application for judicial review, this Court notes that, following a thorough analysis, the contradictions, implausibilities and behaviour of the applicant are entirely inconsistent with his account of the events. The applicant’s claim escapes any inherent logic and, thus, confirms a lack of credibility.
[3] The applicant, a student at the Technological University of Tlaxcala, Mexico, alleged that he worked in research with one of his fellow students who suggested that they go into business together, using “cactus nopal” in food products, after they won prizes at several science fair exhibitions.
[4] The applicant alleged that the persecuting student wanted to force him to use this intellectual property, in an abusive manner, to create a business.
[5] According to the transcript of the hearing at the Refugee Protection Division (RPD), the applicant was inconsistent with respect to the owner of the research itself, suggesting initially that the university was the owner, then changing his version. The dates surrounding the allegations of these events, described by the applicant, were mostly forgotten; but the applicant still remembered the dates surrounding his story very well without remembering the core of the story. The contradictions were pointed out by the RPD. They concern the applicant’s complaint to the authorities, the owner of the intellectual property of the research itself and, also, the details of the university regarding the crux of his refugee claims.
[6] For all the foregoing reasons, the Court dismisses the applicant’s application for judicial review.
JUDGMENT
THE COURT ORDERS that the applicant’s application for judicial review be dismissed. There is no question of general importance to certify.
“Michel M.J. Shore”
Judge
Certified true translation
Catherine Jones, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-5898-12
STYLE OF CAUSE: RODNEY HERON CANTE HERNANDEZ v MCI
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 23, 2013
REASONS FOR JUDGMENT
AND JUDGMENT: SHORE J.
DATED: January 24, 2013
APPEARANCES:
Stewart Istvanffy
FOR THE APPLICANT
Thomas Cormie
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Stewart Istvanffy
Montréal, Quebec
FOR THE APPLICANT
William F. Pentney
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT