An oddly low rate of acceptance is not sufficient to establish reasonable “apprehension of bias” in a member of the Immigration and Refugee Board, Federal Court Justice Russel Zinn ruled in a recent case.
The case involves two Hungarian failed refugee claimants who allege the member of the IRB who dismissed their application chronically rejects cases. David McBean’s dismissal rate is “astronomically different from his colleagues and of the total average,” the plaintiffs had argued.
They backed their claim with a report from an Osgoode Hall Law School professor Sean Rehaag that shows that McBean granted only two of the 108 refugee claims he heard in 2011. For three consecutive years prior to 2011, his acceptance rate was zero when “the predicted recognition rate” was approximately 15 per cent for that period.