Gangi v. Canada ( Minister of Citizenship and Immigration )
IMM-3632-96
Gibson J.
29/8/97
9 pp.
Application for judicial review of CRDD decision applicants not Convention refugees-Applicants, mother and two children aged 15 and 12 years old, citizens of Iran, claimed well-founded fear of persecution if had to return to Iran-Mother's father had been officer in Iranian Air Force who participated in failed coup attempt against Islamic Republic Government in 1980, imprisoned, tortured, rearrested never to be seen again-Principal applicant and husband, active promonarchists, harassed and allegedly persecuted-CRDD rejected claim purely on basis of credibility-Mother designated representative for children-Applicants caught off guard when eldest daughter asked to testify-Mother tried to stop her testifying, but CRDD continued and counsel did nothing-Counsel did not serve clients' interests well by doing nothing-Appears to have allowed CRDD to take over management of clients' case, role clearly his-CRDD herein offended against principles tribunal should not embark on quest for evidence and should not meddle in applicant's attempt to prove case except where necessary to clarify facts essential to understanding-On facts of case, relief warranted-Principal applicant, as newly identified designated representative of her children, had duty to act in their best interest-Entitled to support of counsel, but did not get it-Rebuffed when she tried to act directly-CRDD had obligation in circumstances, in accordance with duty to act fairly, to ensure applicants had opportunity to meet with counsel and to reassume control of their case-Failing to do so, CRDD breached duty to applicants to provide them with fair hearing and in doing so committed reviewable error-No basis to conclude conduct of CRDD herein raised reasonable apprehension of bias-Not incumbent on CRDD to recognize and examine claims which have not been asserted where evidence comes before it which might support such claim-Application allowed.