[2000] 2 F.C. D-3
Ahumada v. Canada (Minister of Citizenship and Immigration)
IMM-1491-99
Rouleau J.
3/12/99
7 pp.
Application to set aside Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee—Hearing heard by two-member panel of Kim Workun, Ian Clague—Prior to second day of hearing, applicant's counsel learning Ms. Workun employed by Department of Citizenship and Immigration as Appeals Officer, although taking leave of absence to assume position on Immigration and Refugee Board—Application allowed—Principles of natural justice by which tribunals bound having two underlying objectives: no individual shall be adversely affected by decision without benefit of fair hearing; any decision affecting individual must be made by decision maker who is impartial, not biased—For hearing to be considered fair, must not be even appearance of prejudice to right of claimant to make full presentation before unbiased board—Test: would informed person, viewing matter realistically and practically, and having thought matter through, conclude more likely than not decision maker, whether consciously or unconsciously, would not decide matter fairly—Objective of test to ensure public confidence in impartiality of adjudicative agencies—Mere suggestion claimant denied basic right to fair hearing justification for order setting aside tribunal's decision—Appeals Officer representing Minister in quasi-judicial proceedings before CRDD, including hearings to determine refugee claims—While retaining this employment status, albeit on leave of absence, Ms. Workun at same time sitting as member on very tribunal before which appears on behalf of Minister—Facts capable of leading reasonable person to have serious doubts as to impartiality of decision maker, decision-making process—Circumstances could be seen by ordinary person as creating situation of partiality, bias—Question certified: would reasonable apprehension of bias be created by fact member of CRDD of Immigration and Refugee Board employee on leave of absence from position as immigration officer in Enforcement Branch of Department of Citizenship and Immigration?