Ashoornia v. Canada ( Minister of Employment and Immigration )
92-T-1465
Simpson J.
22/3/94
3 pp.
Application for judicial review of credible basis tribunal's (one adjudicator and one Immigration and Refugee Board Refugee Division member) decision applicant without credible basis for claim to be Convention refugee-Applicant, citizen of Iran, made Convention refugee claim after being arrested and detained on arrival to Canada-Prior to inquiry, applicant attended two detention reviews at which same adjudicator presided-Whether fact same adjudicator at detention reviews and at credible basis inquiry creating reasonable apprehension of bias-Adjudicator's conclusions at detention reviews, following which detention continued, based in large measure on assessment of credibility-Adjudicator twice considered applicant's credibility in detention reviews and canvassed exactly same evidence as subsequently considered at inquiry-In this situation, reasonable apprehension of bias-Application allowed.