Hagi-Mayow v. Canada ( Minister of Employment and Immigration )
IMM-5011-93
Nadon J.
4/3/94
6 pp.
Bias -- Application for judicial review of Refugee Division of Immigration and Refugee Board's negative decision -- Applicant's refugee claim dismissed on grounds story neither credible nor plausible -- Whether reasonable apprehension of bias on part of one Panel member -- Application of test for determination of bias in Committee for Justice and Liberty et al. v. National Energy Board, [1978] 1 S.C.R. 369: apprehension of bias must be reasonable, held by reasonable right-minded persons, applying themselves to question and obtaining required information -- On fair reading of transcript, Panel member's conduct giving rise to reasonable apprehension of bias -- In Mahendran v. Minister of Employment and Immigration (1991), 134 N.R. 316, Federal Court of Appeal remarked given fact tribunal not bound by legal or technical rules of evidence and must decide on credibility, understandable tribunal members' enthusiasm to perform duties in creditable fashion may sometimes create perception of over-aggressiveness and unfairness -- Comments by Panel member during hearing created perception of over-aggressiveness and unfairness -- Panel member crossed thin line separating enthusiasm and aggressiveness from over-aggressiveness and unfairness -- Application allowed.