Mirzaei v. Canada ( Minister of Citizenship and Immigration )
IMM-657-95
McGillis J.
10/11/95
4 pp.
Whether Immigration and Refugee Board erred in law by failing to provide complete statement of material circumstances which prevented one member of panel from participating in decision-Refugee claim heard by two-member panel but decision rendered by only one-Record must clearly indicate when Immigration Act, s. 63(2) (permitting remaining member to make disposition where other member by whom matter heard unable to take part in disposition) resorted to, and contain "complete statement of material circumstances" in which provision engaged: Weerasinge v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 330 (C.A.)-Decision stating other member's term expired thus triggering s. 63(2)-Chairperson authorizing former member to take part in disposition of matters heard before ceased to hold office within eight weeks of departure pursuant to s. 63(1)-Invocation of s. 63(2), together with explanation other member ceased to hold office implying departed member not requested by chairperson to participate in decision within eight weeks of departure: Odameh v. Canada (Minister of Employment and Immigration), [1995] F.C.J. No. 970 (C.A.) (QL)-No explanation given for failure to participate in decision despite authorization to do so-Statement of material circumstances incomplete-Board's decision jurisdictionally deficient-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 63 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 52).