Mignott v. Canada ( Minister of Employment and Immigration )
T-1439-92
Reed J.
23/9/93
6 pp.
Application to set aside decision of adjudicator and Immigration and Refugee Board member no credible basis to applicant's Convention refugee claim -- Applicant's affidavit indicating in August 1991 during recess of hearing adjudicator stating off record decision already made -- No objection made on record until next full hearing in October 1991 -- Whether comments creating reasonable apprehension of bias in mind of knowledgeable and reasonable person -- Application allowed -- Decision herein dependent on exactly what was said -- No reasonable apprehension of bias if adjudicator merely indicating tending towards certain decision or working on text which might become part of final decision -- Reasonable apprehension of bias if adjudicator stating decision made, but later attempting to explain statement by saying decision referred to preliminary -- Applicant's affidavit accepted[cad 211]Although preferable for objection to have been put on record on day incident occurred, failure to do so not now precluding decision in applicant's favour -- Immediate response of Board member and adjudicator indicating issue not new to them -- Applicant not cross-examined on affidavit, nor did adjudicator or Board member submit affidavit evidence contradicting applicant's version of what happened -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as am. by S.C. 1990, c. 8, s. 5).