Agastra v. Canada ( Minister of Citizenship and Immigration )
IMM-6279-98
Blais J.
27/9/99
4 pp.
Application for judicial review of Immigration and Refugee Board (Refugee Division) decision applicant not Convention refugee-At very end of hearing, one of panel members said panel ready to make finding with respect to claim-Presiding member started to render decision without consulting other panel member, raising two possibilities: presiding member started to render decision without verifying with other panel member, waiting at end to check whether other panel member agreed with opinion, or panel members had made decision at recess, 15 minutes before hearing concluded-Clear appearance of lack of fairness from panel-Panel must consult especially since disagreement between them would favour applicant-Panel must not have appearance of having already decided case before hearing all evidence and consulting-Such actions tarnish integrity of system-Application allowed.