Oshurova v. Canada (Citizenship and Immigration), 2006 FCA 301

Date: 20060913

Docket: A-477-05

Citation: 2006 FCA 301

CORAM:       DÉCARY J.A.

                        LÉTOURNEAU J.A.

                        NADON J.A.

BETWEEN:

RAKHILIA OSHUROVA

RUSLAN TORGOEV

Appellants

and

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

Hearing held at Montréal, Quebec, on September 13, 2006.

Judgment delivered from the bench at Montréal, Quebec, on September 13, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                    LÉTOURNEAU J.A.

Date: 20060913

Docket: A-477-05

Citation: 2006 FCA 301

CORAM:       DÉCARY J.A.

                        LÉTOURNEAU J.A.

                        NADON J.A.

BETWEEN:

RAKHILIA OSHUROVA

RUSLAN TORGOEV

Appellants

and

MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the bench at Montréal, Quebec, on September 13, 2006)

LÉTOURNEAU J.A.

[1]               This is an appeal of an application to answer the following certified question:

Is there an appearance of bias, in this case, because the same officer decided the application for a visa exemption on humanitarian and compassionate grounds as well as the Pre-Removal Risk Assessment?

[2]               To the extent that the question as certified invites us to decide it based on the facts of the case (and is thus no longer a serious question of general importance), there is nothing in the record to suggest that the officer could not be neutral or that a reasonable person, fully informed about the facts and circumstances of the decision regarding the appellants, would fear that the officer in question lacked objectivity.

[3]               To the extent that the certified question goes beyond the scope of this case to include the appearance of institutional bias of all officers who have been or are involved with the above‑mentioned two types of applications, we are of the view, for the reasons stated by Madam Justice Gauthier of the Federal Court in Monemi v. Canada (Solicitor General), 2004 FC 1648, particularly at paragraph 39, that there is no apprehension of institutional bias.

[4]               For these reasons, the appeal will be dismissed.

“Gilles Létourneau”

Certified true translation

Mary Jo Egan, LLB

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                                            A-477-05

APPEAL OF A DECISION BY MR. JUSTICE YVON PINARD OF THE FEDERAL COURT DATED SEPTEMBER 30, 2005

STYLE OF CAUSE:              RAKHILIA OSHUROVA and RUSLAN TORGOEV v. MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING :                                                       Montréal, Quebec

DATE OF HEARING:                                                          September 13, 2006

REASONS FOR JUDGMENT OF THE COURT:             DÉCARY J.A.

                                                                                                LÉTOURNEAU J.A.

                                                                                                NADON J.A.

DELIVERED FROM THE BENCH BY:                            LÉTOURNEAU J.A.

APPEARANCES:

SOLICITORS OF RECORD: