Ashari v. Canada ( Minister of Citizenship and Immigration )
IMM-5202-97
Reed J.
21/8/98
9 pp.
Application for judicial review of Immigration and Refugee Board's decision on grounds there existed bias, reasonable apprehension of bias-Applicants arguing: (1) Board not giving Minister notice of intention to consider exclusion of male applicant under United Nations Convention Relating to the Status of Refugees, Art. 1E; (2) Board's post-hearing conduct indicating bias in favour of respondent-First argument based on Immigration Act, s. 69.1, Convention Refugee Determination Division Rules, s. 9(2), (3), decision in Kone v. Minister of Employment and Immigration (1994), 79 F.T.R. 63 (F.C.T.D.)-Requirements under Rules, s. 9(2), (3), Act, s. 69.1 designed to protect Minister's interests-If notice herein should have been given under s. 9(2), Minister could seek to set decision aside-Applicants could not rely on such procedural defect where no prejudice suffered therefrom-Notice Art. 1E exclusion would be in issue given at beginning of hearing-Manner in which Board questioned applicants during hearing not raising bias, reasonable apprehension of bias-Applicants' argument based solely on fact notice to Minister not given-Not sufficient to demonstrate bias, reasonable apprehension thereof-Applicants' second argument based on two assertions: (1) Board accepted late filed submissions from respondent's counsel, without giving applicants' counsel opportunity to make submissions with respect to filing; (2) ex parte communications between Refugee Claims officer and presiding Board member-Record not supporting assertions-Application dismissed-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 60)-Convention Refugee Determination Division Rules, SOR/93-45, s. 9(2), (3).