Labsari v. Canada ( Minister of Citizenship and Immigration )
IMM-3196-98
Teitelbaum J.
4/5/99
15 pp.
Application for judicial review of Immigration and Refugee Board decision refusing applicant refugee status on ground applicant's fear of persecution not fitting any of grounds listed in "Convention refugee" definition in Immigration Act-Applicant, citizen of Algeria, alleging persecution for reasons of political opinion-Applicant receiving threats after refusing to surrender truck to Armed Islamic Group (GIA)-Whether Panel breached principles of natural justice at hearing (applicant raising reasonable apprehension of bias in light of Board members' behaviour at hearing)-Whether Panel erred in law or in fact by finding applicant did not establish fear of persecution for any of grounds under Act-Application allowed-Members' actions at hearing do not warrant Court's intervention-Members asked many questions, but apparently for sake of clarification-Counsel for applicant had chance to put forward arguments at end of examination-Unacceptable, however, for member Handfield to present applicant's case in counsel's place, and Court almost allowed application on latter basis-On basis of Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, action may be perceived as expression of claimant's political opinion-Panel erred in determining refusal to surrender truck to GIA members involved no expression of political opinion-Immigration Act, R.S.C., 1985, c. I-2.