Varaich v. Canada ( Minister of Employment and Immigration )
92-T-2129
Tremblay-Lamer J.
11/3/94
5 pp.
Application for judicial review of Adjudicator's decision no credible basis to Convention refugee claims -- During credible basis hearing applicant's counsel objecting to quality of interpretation, but hearing proceeded -- Requirement of fairness controlling element with respect to nature and content of inquiry-Responsibility of Adjudicator to ensure interpreter competent -- As master of his procedures Adjudicator may call witness if necessary to determine competence of interpreter and ensure fair hearing, but not obligatory: Xie v. Canada (Minister of Employment and Immigration) (1991), 10 Imm. L.R. (2d) 284 (F.C.A.) -- Tribunal to establish appropriate procedure, provided fair in accordance with standards of administrative law -- Procedure herein fair-Adjudicator asking applicant directly what did not understand-Lengthy inquiry to establish interpreter's competence -- Right to interpreter not infringed -- Application of test for reasonable apprehension of bias set out in Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369-Sarcastic or harsh language not sufficient to find denial of natural justice or loss of impartiality -- Although Adjudicator at some points hostile, abrupt, test set out in Committee for Justice and Liberty not met as not demonstrating Adjudicator pre-judged case -- Sufficient evidence supporting negative assessment of credibility -- No material errors of fact -- Application dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).