Federal Court

Administrative Law

Adjudicator may have been mistaken or misled but was not biased

Adjudicator revoked applicant’s passport and passport services for applicant were to be withheld for five years. Order issued on consent. Decision was set aside and sent back for further consideration based on additional submissions from parties. Order did not require different person to consider matter. Matter was reconsidered by same adjudicator. Application for judicial review was dismissed. Simple fact that same adjudicator dealt with matter for second time did not in and of itself give rise to reasonable apprehension of bias. There was no basis for finding decision-maker was biased. Adjudicator may have been mistaken or misled by applicant but was not biased. Argument as to mistake in fact and law was rejected as being raised too late.

Adewole v. Canada (Attorney General)

(Jan. 12, 2012, F.C., Hughes J., File No. T-82-11) 211 A.C.W.S. (3d) 746 (10 pp.).

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