Sinishin v. Canada ( Minister of Citizenship and Immigration )
IMM-4739-94
Richard J.
12/5/95
4 pp.
Application for judicial review of Convention Refugee Determination Division (Board) decision applicant not Convention refugee -- Board decision issued by single member, pursuant to Immigration Act, s. 63(2), on ground colleague ceasing to hold office -- Decision by single member not valid in absence of documented reasons justifying recourse to Act, s. 63(2) (Weerasinge v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 330 (C.A.)) -- Issue whether statement by remaining member of panel sufficient to meet "complete statement of material circumstances" requirement established in Weerasinge-Although reasons indicating member ceasing to hold office, reasons not indicating: (1) specific point cessation occurring; (2) whether Board decision issued within following eight weeks as required; or (3) whether decision made or ready for delivery within eight-week period following member's cessation -- Assumption to effect member unable to take part in disposition of present matter on ground member ceasing to hold office more than eight weeks prior to issuance of decision not meeting requirements imposed by Court of Appeal -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 63(2) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).