Mandybura v. Canada ( Minister of Employment and Immigration )
A-709-92
Teitelbaum J.
18/1/94
7 pp.
Application for judicial review of Immigration and Refugee Board's decision applicant not Convention refugee -- Applicant, citizen of former Ukrainian Socialist Republic, became involved in illegal nationalist organization in Ukraine -- As result, twice arrested, twice detained for total of 40 days, beaten and poorly fed -- Interrogated by KGB -- While in government service on Soviet ship, left ship in Halifax and claimed refugee status -- Board erred by relying on information neither presented at hearing nor subject to judicial notice -- No evidence permitting Board to arrive at conclusion flight abroad no longer high treason in Ukraine -- In Bovbel v. Canada (Minister of Employment and Immigration), A-1234-92, Rouleau J., judgment dated 23/11/93, F.C.T.D., not yet reported, appealed to F.C.A., Court found Board's practice of having its draft reasons "vetted" by legal counsel not present at hearing and whose input not subject to submissions by counsel for applicant breaching principle of fundamental justice, and Board directive copies of draft reasons together with comments from legal advisor should be provided to other panel members giving rise to reasonable apprehension of bias -- Bovbel followed as on all fours with present case -- Court satisfied Board's procedure in all negative decisions to submit reasons of decision to Board's legal services -- Board's decision quashed -- Court suggesting Board's future decisions not be "vetted", if issued before F.C.A. decision in Bovbel.