Sereguine v. Canada ( Minister of Citizenship and Immigration )
IMM-2467-95
Richard J.
29/2/96
7 pp.
Application for judicial review of negative determination by Immigration and Refugee Board dated August 3, 1995-Only issue whether Board member Gary McCauley lacked jurisdiction to render decision on his own-Applicant citizen of Kazakhstan-Refugee claim hearing conducted by two Board members-Board's decision signed only by McCauley-In general, two Board members required to constitute quorum for purposes of refugee hearing-One member of Board may hear, determine refugee claim if person making claim consents thereto-In case at bar, no consent given for one member only to dispose of claim-Decision of Board dated August 3, 1995, within eight weeks of June 9, 1995, day on which other Board member ceased to hold office-Requirement of Immigration Act, s. 63(1) met-Issue meaning to be given to word "unable" in Act, s. 63(2)-Former member would have reached same decision as Board member McCauley-Applicant only challenging lack of jurisdiction of single member to make decision by reason of s. 63(2)-No merit to proposition single member would have jurisdiction to dispose of matter after expiration of eight weeks of other member ceasing to hold office, but not before-Word "unable" means lacking ability to perform functions of office including participating in decisions-No distinction between decisions made within or without eight-week period-Decision by one member within jurisdiction, in accordance with provisions of Act, s. 63(2)-Application dismissed-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).