Begum v. Canada ( Minister of Citizenship and Immigration )
IMM-6491-93
Rouleau J.
13/3/95
4 pp.
Application to set aside decision of Immigration and Refugee Board applicant not Convention refugee -- Panel members exchanging derogatory, sexist notes about applicant during course of hearing -- Applicant's counsel asking for different panel-Request refused -- Application for removal of presiding member to avoid apprehension of bias also denied -- Concept of natural justice including fundamental right to fair hearing -- Fair hearing must exclude even appearance of prejudice to right of claimant to make full presentation before unbiased Board -- Not necessary to demonstrate decision-maker actually biased -- Issue whether reasonable apprehension of bias exists -- Mere suggestion claimant denied basic right to fair hearing justification for order setting aside tribunal's decision and returning matter for rehearing and redetermination -- Board's persistent refusal to provide alternative panel to hear application, although available, could be viewed by ordinary person as creating situation of bias -- Application granted.