Tekyi v. Canada ( Minister of Citizenship and Immigration )
A-932-92
Noël J.
14/2/95
8 pp.
Application for judicial review of Immigration and Refugee Board decision denying applicant Convention refugee status-Applicant, citizen of Ghana and member of Akan tribe by birth, alleging breaches of natural justice on ground of bias -- Test to determine whether decision reviewable on basis of reasonable apprehension of bias: could informed bystander reasonably perceive bias on part of adjudicator (Newfoundland Telephone Co. v. Newfoundland (Board of Utilities), [1992] 1 S.C.R. 623)-Allegation of personal bias against particular board member outlined in three affidavits sworn to by Ghanian refugees-Affidavits stating, as founding member of non-profit Ghanian organization, member opposing suggestion organization provide help and assistance to Ghanaian refugees; and, member stating publicly belief genuine refugees from Ghana non-existent and such claimants actually economic migrants (assertion) -- Assertion not unworthy of trust as affidavits specific as to time, place and context-Counsel for respondent not cross-examining affiants but rather attempting to rebut evidence by referring to reasons given by member to support decision not to recuse himself (reasons)-Reasons not in evidence in present proceedings; assertions made in one proceeding must be introduced in another proceeding by normal means so as to allow cross-examination -- Reasons establishing member refused to recuse himself in prior proceeding in face of same allegations as those now before Board, but those reasons not on record in present proceeding as not maintained on record of prior proceedings -- Sworn statements alleging member expressing view to effect Ghana not producing legitimate refugees uncontradicted -- Assertion giving rise to reasonable apprehension of bias as informed person confronted with affiants' evidence thinking it more likely than not member might decide issue unfairly-Applicant normally having obligation to raise matter of bias during hearing, however, as counsel acting for applicant during Board hearing not counsel acting for applicant in present proceedings, and, as no evidence suggesting applicant or then counsel aware of grounds now advanced at relevant time, applicant not having waived right to raise allegation of bias in instant proceedings -- Application allowed.