Herrera v. Canada ( Minister of Employment and Immigration )
A-615-92
Noël J.
19/10/93
4 pp.
Application for judicial review of Immigration and Refugee Board's decision applicant not Convention refugee-Applicant, citizen of Cuba, claiming refugee status in Canada while on return flight to Cuba -- Board holding applicant not bona fide refugee as principal basis for alleged fear, namely speaking out against Cuban regime on Radio Marti, self-serving act intended to facilitate refugee claim -- Punishment for illegal exit under Cuban law no more excessive than that under consideration in Valentin v. Canada (Minister of Employment and Immigration), [1991] 3 F.C. 390 (C.A.) -- Exit legislation in Cuba no more inherently political than Czechoslovakian law -- Board members not considering Cuban exit law as inherently persecutory-Board's inquiry into applicant's motivation finding no subjective fear of persecution -- Claim not made in good faith-Board properly considering evidence before it, applying proper test in disposing of claim -- Application dismissed.