Jokhulall v. Canada ( Minister of Citizenship and Immigration )
IMM-3703-94
McKeown J.
28/2/95
5 pp.
Application for judicial review of Convention Refugee Determination Division (Board) decision denying applicant Convention refugee status -- Applicant, citizen of Guyana, claiming reasonable apprehension of bias as Board member senior member of Guyana civil service and magistrate during occurrence of events giving rise to claim -- Reasonable apprehension of bias test: whether reasonably informed bystander reasonably perceiving bias on part of adjudicator (Nartey v. Minister of Employment and Immigration (1984), 74 F.T.R. 74 (F.C.T.D.)) -- Although circumstances of matter may satisfy test, must consider function and composition of particular tribunal (Newfoundland Telephone Co. v. Newfoundland (Board of Public Utilities), [1992] 1 S.C.R. 623) -- Board intended to reflect composition of Canadian immigrant community -- Highly likely members hearing claims of applicants of same country of origin or ethnicity as themselves; also likely members drawing upon knowledge and experience of country to enhance understanding of applicants' claims -- Nothing in record indicating presiding member rendering unfair decision -- Evidence close ties between member and government showing member party to unlawful government activities must be proved on case-by-case basis -- Not all Board members previously acting as senior civil servants in foreign country must be removed from cases involving applicant from same country seeking refugee status in Canada -- No reasonable apprehension of bias.