Ashari et al. v. Canada (Minister of Citizenship and Immigration), (1999) 249 N.R. 122 (FCA)

• Judge: Décary, Robertson and Noël, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 26, 1999
• Jurisdiction: Canada (Federal)
• Citations: (1999), 249 N.R. 122 (FCA)

Ashari v. Can. (M.C.I.) (1999), 249 N.R. 122 (FCA)

MLB headnote and full text

Temp. Cite: [1999] N.R. TBEd. DE.001

Morteza Asna Ashari and Turkan Yildiz (appellants) v. The Minister of Citizenship and Immigration (respondent)

(A-525-98)

Indexed as: Ashari et al. v. Canada (Minister of Citizenship and Immigration)

Federal Court of Appeal

Décary, Robertson and Noël, JJ.A.

October 26, 1999.

Summary :

The appellants sought a judicial review, arguing that the Refugee Board's decision be set aside because of a reasonable apprehen­sion of bias.

The Federal Court of Appeal, in a decision reported at 158 F.T.R. 268, dismissed the application. The court certified two ques­tions.

The appellants' appeal dealt with the two certified questions regarding the Refugee Board excluding the male appellant. The appellants asserted that the Refugee Board's decision be set aside because of a reasonable apprehension of bias.

The Federal Court of Canada dismissed the appeal.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal (considerations incl. bias) - Bias - Apprehension of - The Refugee Board gave the appellants notice at the beginning of the hearing that the exclusion of the male appellant would be considered - The Minister was not given notice of the ex­clu­sion - The appellants sought judicial re­view - The Federal Court of Canada, Trial Division, held that there was no reasonable apprehension of bias demon­strated when the Board did not notify the Minister of the exclusion issue - Two questions were certified - The Federal Court of Appeal upheld the decision, stat­ing that the Board could determine the issue of exclusion in the Minister's absence and the government could satisfy the bur­den of proof if the Minister did not par­tici­pate in the proceed­ings.

Aliens - Topic 1329.3

Admission - Refugees - Right to a fair hearing - [See Administrative Law - Topic 2088 ].

Aliens - Topic 4070

Practice - Judicial review and appeals - Grounds - Failure to notify - [See Ad­min­istrative Law - Topic 2088 ].

Cases Noticed:

Arica v. Minister of Employment and Immigration (1995), 182 N.R. 392 (F.C.A.), refd to. [para. 6].

Counsel :

Douglas Cannon, for the appellant;

Helen Park, for the respondent.

Solicitors of Record :

McPherson, Elgin, Cannon, Vancouver, British Columbia, for the applicant;

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This appeal was heard on October 26, 1999, at Vancouver, British Columbia, by Décary, Robertson and Noël, JJ.A., of the Federal Court of Appeal. Décary, J.A. delivered orally the following decision on the same day.