Latif v. Canada ( Minister of Citizenship and Immigration )
IMM-824-96
Lutfy J.
22/11/96
10 pp.
Application for judicial review of decision by Convention Refugee Determination Division (the Tribunal) applicants not Convention refugees-Whether decision made without jurisdiction-Tribunal composed of panel of two members, M. Douglas and M. Wakim-Mr. Douglas ceased to hold office as member of Tribunal on October 3, 1995-Only Mr. Wakim signed reasons on February 16, 1996-Applicants challenging decision as two members heard case but only one made decision-Immigration Act, s. 63 providing procedure where one member ceases to hold office while matter pending-Having proper quorum at all relevant times question of principle, public policy, sound and fair administration of justice-Recourse to s. 63(2) serious matter denying claimant right accorded by Act-Decision made by single member prima facie made without jurisdiction-When Act, s. 63(2) properly engaged, complete statement of material circumstances should be put on record-Deemed member and other member must dispose of matter within eight weeks stipulated in s. 63(1)-Statement of material circumstances must relate to member being unable to take part in disposition of matter for reasons other than lapse of eight weeks-Remaining member's recitation of nature of departed member's participation in, agreement with decision not relevant in absence of statement of material circumstances preventing matter being disposed of within eight weeks of deemed member having ceased to hold office-Statement of material circumstances included in reasons signed by Mr. Wakim incomplete, unclear-Latter purportedly acted pursuant to s. 63(2) without properly stating so-Tribunal's decision jurisdictionally deficient-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 63 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 52).