Date:
20121010
Docket:
IMM-3019-12
Citation:
2012 FC 1183
[UNREVISED
ENGLISH CERTIFIED TRANSLATION]
Montréal,
Quebec, October 10, 2012
PRESENT: The
Honourable Mr. Justice Shore
BETWEEN:
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CELSO HUMBERTO
FLORES MORALES
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Applicant
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and
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THE MINISTER OF
CITIZENSHIP
AND IMMIGRATION
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Respondent
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REASONS FOR
JUDGMENT AND JUDGMENT
I. Preliminary
[1]
Considering
that his subjective fear lacks credibility, the applicant did not prove that he
has a well-founded fear of persecution. This is shown by a clear difference
between the applicant’s actions and statements.
II. Introduction
[2]
This
decision follows the applicant’s application for judicial review of a decision
by the Refugee Protection Division (RPD) of the Immigration and Refugee Board,
dated February 27, 2012.
III. Remark to consider
[3]
Although
the applicant swears to the truth of his narrative, the affidavit supporting
the applicant’s record is in French and was not translated for his purposes.
Since it did not meet the requirements of the law in this respect, no probative
value could be given to this document.
IV. Facts
[4]
The
applicant, Celso Humberto Flores Morales, citizen of Guatemala, was a corn and
coffee farmer.
[5]
The
applicant alleged that in 2007, the Maras, members of a criminal group, extorted
him for 400,000 quetzales to be paid within three months so that the Maras would
allow him to continue operating his business without interference.
[6]
According
to his allegations, following the three extortion threats, the applicant reported
his situation to the police, who advised him to pay the required amount.
[7]
The
applicant moved his family to his father’s home and left to work in the city.
His brother-in-law continued to operate the applicant’s business.
[8]
It
was only
in 2008 that the applicant left Guatemala for the United States, where he
worked illegally.
[9]
During
his stay in the United States, following the new threats received by his
family, the applicant crossed the border and arrived in Canada five months
later.
[10]
In
the meantime, the applicant’s brother-in-law also decided to leave Guatemala
for the United States where he lived for one year before being murdered after
he returned to Guatemala in July 2011.
V. Analysis
[11]
The
applicant lived in the United States for more than five months without
requesting protection. The applicant explained his situation by saying that his
work in the United States was illegal.
[12]
The
Court notes that the applicant sought refugee protection in Canada only after
his visa to the United States had expired.
[13]
His
entire account shows a lack of subjective fear because he did not claim
protection in the United States at the first opportunity after he left his
country.
VI. Conclusion
[14]
Given
that there was a reasonable decision containing a demonstrated lack of
credibility that the RPD arrived at through the inherent logic of evidence (Dunsmuir
v New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190), the Court dismisses
the applicant’s application for judicial review (see Andres Antonio Martinez
Zapata v Minister of Citizenship and Immigration, 2011
FC 156,
paragraphs 21 and 22).
JUDGMENT
THE
COURT ORDERS that the application for judicial review be
dismissed. There is no question of general importance to certify.
“Michel
M.J. Shore”
Certified true
translation
Catherine Jones,
Translator
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