Pacheco v. Canada (Citizenship and Immigration), 2013 FC 1166

Date: 20131014

Docket: IMM-10326-12

Citation: 2013 FC 1166

Toronto, Ontario, November 14, 2013

PRESENT:    The Honourable Mr. Justice Zinn

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"

FEDERAL COURT

SOLICITORS OF RECORD

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:

SOLICITORS OF RECORD: