ADMINISTRATIVE LAW |
Judicial Review |
Certiorari |
Haque v. Canada (Minister of Citizenship and Immigration)
IMM-4323-99
Denault J.
29/8/00
8 pp.
Judicial review of CRDD decision applicant not Convention refugee--Board finding applicant not credible, stating "The documents adduced in support of his claim, which we examined with care, despite our conclusion, are indubitably forgeries, like Exhibit P-6 [business licence], or written simply to back up his case, as often occurs with refugee claims made by citizens of Bangladesh"--Applicable test for bias set out in The Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369: what would informed person, viewing matter realistically and practically, and having thought matter through, conclude --Board concluding documents forgeries based on fact applicant's business licence containing spelling mistakes, characters viewed as "amateur" work--"Despite our conclusion" indicating Board had already arrived at conclusion regarding applicant's lack of credibility before examining applicant's documentary evidence--Reasons leading Board to conclude applicant's documents indubitably forgeries tainted by prejudice against Bangladeshi refugee claimants as revealed in Board's inappropriate comment "as often occurs with refugee claims made by citizens of Bangladesh"--Comments not disclosing open state of mind and weighing of particular circumstances of case free from stereotypes--Giving rise to reasonable apprehension of bias --Applicant raised issue at first possible opportunity--Furthermore, during hearing, when applicant obviously having difficulty answering questions, counsel made motion to suspend hearing in order to have applicant tested for competency to undergo hearing--Motion taken under reserve, but Board never decided on it--Omission to rule on motion violated principle of procedural fairness--Application allowed.