Fogel v. Minister of Manpower and Immigration, (1975) 7 N.R. 172 (FCA)

• Judge: Thurlow, Pratte and Ryan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 06, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 7 N.R. 172 (FCA)

Fogel v. MMI (1975), 7 N.R. 172 (FCA)

MLB headnote and full text

Fogel v. Minister of Manpower and Immigration

Indexed As: Fogel v. Minister of Manpower and Immigration

Federal Court of Appeal

Thurlow, Pratte and Ryan, JJ.

February 7, 1975.

Summary:

This headnote contains no summary.

Administrative Law - Topic 2088

Natural justice - Bias - Constitution of a board - The Federal Court of Appeal stated that a member of a board is not disqualified for bias because the member participated in a prior adjudication involving the same party - See paragraph 7.

Courts - Topic 4085

Jurisdiction of the Federal Court of Appeal - The Immigration Appeal Board refused to reopen a hearing for the purpose of hearing new evidence - The Federal Court of Appeal dismissed an application for review pursuant to s. 28 of the Federal Court Act and affirmed the refusal to reopen a hearing by the Immigration Appeal Board - The Federal Court of Appeal stated that the discretion of the Immigration Appeal Board to reopen a hearing is unfettered - See paragraph 14.

Cases Noticed:

Nord-Deutsche Versicherungs Gesellschaft et al. v. The Queen et al., [1968] 1 Ex.C.R. 443, folld. [para. 7].

Statutes Noticed:

Immigration Appeal Board Act, R.S.C. 1970, c. I-3, sect. 15.

Counsel:

W. O'Halloran and A.D. Custance, for the applicant;

L.S. Holland, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on February 6, 1975. Judgment was delivered by the Federal Court of Appeal on February 7, 1975.