Tirawi v. Canada ( Minister of Citizenship and Immigration )
IMM-3947-96
Gibson J.
16/9/97
5 pp.
Application for judicial review of CRDD panel decision, signed by single member of CRDD, applicant not Convention refugee-Explained in reasons for decision other member of CRDD who heard matter had resigned and unable to sign written reasons-Application allowed-Immigration Act, ss. 63, 69.1(8) examined-Claim heard May 11 and November 8, 1995-All of evidence and submissions relevant to determination not in hands of CRDD until March 29, 1996-Impossible to determine from record that, when departed member participated in decision, had before him all of evidence and submissions that were eventually before CRDD-As matter of law and to ensure justice seen to have been done, explanation provided for invocation of Act, s. 63(2) to justify one-member decision inadequate-Explanation provided entirely consistent with conclusion Act, s. 69.1(8) rather than 63(2) applicable on facts of matter since may well be only one member of CRDD fully heard applicant's claim, in which case, consent of applicant would be required-No indication applicant consented to one-member hearing and determination-In absence of sufficient statement on record to establish Act, s. 63(2), and not 69.1(8) governs, Court cannot determine CRDD has not erred in law, nor ensure justice has been done or seen to have been done by providing applicant with one-member decision-Immigration Act, R.S.C., 1985, c. I-2, ss. 63(2) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 52), 69.1(8) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60).