Garrison v. Canada ( Minister of Citizenship and Immigration )
IMM-5246-94
Muldoon J.
12/1/95
6 pp.
Motion for stay of applicant's removal pursuant to Convention Refugee Determination Division deportation order ("decision") -- Applicant attacking legality of decision on ground decision signed by single member of panel without first obtaining applicant's consent to decision being rendered by fewer members than statutory quorum-Applicant relying on Weerasinge v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 330 (C.A.) holding illegality existing where: (1) explanation for single signature included in draft decision, but omitted in issued decision; and (2) draft decision not published -- Subsequent decision, Soukhaniouk et al v. Minister of Employment and Immigration (1994), 85 F.T.R. 55 (F.C.T.D.) finding no illegality where record indicating explanation for single signature -- In present case, material circumstances regarding single signature on record -- Record also reflecting although signed by single member, decision formulated unanimously by both members -- Decision at least meeting standard set by Weerasinge -- Applicant's consent unnecessary where hearing and resultant decision made by both members of panel -- Deportation order based on valid decision -- Motion dismissed.