Pacheco v. Canada (Citizenship and Immigration)
Source text
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 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 REPR…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
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 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
Source: decisions.fct-cf.gc.ca