Digests

Lahai v. Canada (Minister of Citizenship and Immigration)

A-532-00

2002 FCA 119, Sexton J.A.

25/3/02

7 pp.

Appeal from Trial Division's dismissal of application for judicial review of CRDD's decision applicant not Convention refugee--Refugee claim originally heard by two-member panel--At close of hearing, Board invited appellant to file further material, which he did--Board not taking into account additional evidence before dismissing application--Claim re-opened--Second hearing before single Board member who had not been on original panel--Considering documents before Board at first hearing, Board's decision from first hearing, new evidence--At second hearing, appellant testified in detail about all aspects of refugee claim, called further evidence--Refugee claim rejected on ground evidence not showing even mere possibility applicant would face persecution if returned to Sierra Leone--Motions Judge holding applicant not curtailed in any way in presentation of claim, no reasonable apprehension of bias created as result of Board member reading first decision--Appeal dismissed-- Appellant allowed to present case fully at second hearing-- Nothing wrong with Board member at second hearing reading prior decision--No informed person who reviewed matter thoughtfully, realistically, practically would conclude Board member who conducted second hearing could not proceed with open mind only because had read first decision--Board member at second hearing clearly aware first decision based on incomplete information and permitted applicant to lead whatever further evidence wished--Mere reading of previous decision adverse to applicant cannot lead to reasonable apprehension of bias--No evidence second Board prejudged case on merits before hearing it, particularly as first rejection of claim based on lack of credibility but second decision based on insufficient evidence of even mere possibility of persecution.