Rampersad v. Canada ( Minister of Employment and Immigration )
T-92-93
McKeown J.
20/12/93
5 pp.
Same Adjudicator at credible basis hearing and at second separate immigration inquiry -- Different counsel at each hearing -- Act contemplating same person may be Adjudicator on both credible basis hearing and inquiry -- However, normally two hearings held at same time -- As not relying on any facts from previous hearing in decision, no actual bias -- No reasonable apprehension of bias herein in light of normal practice -- Second issue whether Adjudicator applied wrong test for issuing departure notice -- Immigration Act, s. 32(6) providing Adjudicator shall issue deportation order when decides person who is subject of inquiry person described in s. 27(2) -- S. 32(7) providing Adjudicator shall issue departure notice if satisfied (a) having regard to all circumstances, deportation order ought not to be made -- Adjudicator stating deportation order ought not to be made only if satisfied circumstances in some way special or unique and applicant able, willing to leave Canada -- Neither s. 32(6) nor s. 32(7) providing Adjudicator to look at special or unique circumstances -- Adjudicator applied wrong test for issuing departure notice -- Adjudicator stating fact no family willing to come forward and assist her to put affairs in order tipping balance in favour of issuance of deportation order -- Failed to give applicant opportunity to explain why no family members present -- Should not have relied on evidence to tip balance -- Based decision on evidence applicant not given opportunity to make submissions on -- Immigration Act, R.S.C., 1985, c. I-2, ss. 32(6) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 11), (7) (as am. idem).