Eryilmazli v. Canada ( Minister of Citizenship and Immigration )
IMM-2745-96
McKeown J.
7/5/97
5 pp.
Judicial review of CRDD determination applicant not Convention refugee-Convention refugee claim heard by two-member panel-One member ceased to hold office on February 23, 1996, but participated in disposition of matters previously heard by him for eight-week period ending April 19-Both members discussed case, agreed applicant not Convention refugee-Retiring member reading, agreeing with handwritten reasons for decision-Both members signed final disposition section of hearing disposition record, indicating decision, but departing member not signing reasons for decision as not ready for signature until after April 19-Reasons signed by remaining member on July 19-Applicant not consenting to having claim determined by one member-Application allowed-No decision until July 19 when order, reasons communicated to applicant-While retiring member partaking in reasons, unknown whether agreeing with final reasons-Where member by whom matter heard unable to take part in disposition Immigration Act, s. 63(2) permitting remaining members who heard matter to make disposition-Recitation of nature of departed member's participation in, agreement with decision not relevant in absence of statement of material circumstances preventing disposition of matter within eight weeks of retiring member having ceased to hold office: Latif v. Canada (Minister of Citizenship and Immigration) (1996), 36 Imm. L.R. (2d) 182 (F.C.T.D.)-Board herein not dealing with why matter not decided within eight-week period other than to state member retired as required under s. 63.1-Immigration Act, R.S.C., 1985, c. I-2, s. 63 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 52).