Mehael v. Canada ( Minister of Employment and Immigration )
A-1534-92
Noël J.
23/8/93
4 pp.
Application for judicial review of Immigration and Refugee Board decision determining applicant not Convention refugee -- Reasons for Board's decision signed by only one of two members hearing claim, contrary to provisions of Immigration Act, s. 69.1 -- Duty to give written reasons mandatory -- No indication of agreement with reasons by other member -- Failure by one member to give reasons constituting fundamental flaw as duty to give reasons extends to both members hearing claim -- Absence of reasons emanating from one of members hearing claim having direct impact on applicant's right to seek and obtain judicial review -- No disclosure of facts to trigger application of deeming provision contained in Act, s. 63(2)-Importance of complying with quorum requirements noted by Federal Court of Appeal in IBM Canada Ltd. v. Deputy M.N.R., Customs and Excise, [1992] 1 F.C. 663 -- No evidence member in question participated in elaboration of reasons stated for rejecting claim or concurred with them -- Reasons for decision issued by only one of two members hearing claim -- Decision quashed -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, ss. 63 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18), 69.1 (as enacted idem).