Citizenship and Immigration
Judicial review of decision by three members of Refugee Protection Division (RPD) denying applicants refugee status under United Nations Convention relating to the Status of Refugees—Only legality of panel’s constitution raised—Although pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 163, RDP hearings usually conducted by single member, three-member panel may be constituted—Under Immigration and Refugee Board policy “Designation of three-member panels–RPD Approach”, three-member panel may be designated for adjudication strategy, training purposes—Applicants unable to argue suffered real prejudice because claim heard by three-member panel—Nothing in Act or Immigration and Refugee Protection Regulations, SOR/2002-227 suggesting intention to deviate from general principle concerning quasi-judicial tribunals that majority required where decision being made by panel of more than one person—Applicants’ evidentiary burden not changing depending on whether decision made by one member of three—Applicants precluded from relying on breach of principles of procedural fairness since issue not raised at RPD hearing—Application dismissed.
Keranda v. Canada (Minister of Citizenship and Immigration) (IMM-2753-08, 2009 FC 125, de Montigny J., order dated February 6, 2009, 10 pp.)