Date: 19990423
Docket: IMM-2726-98
BETWEEN:
CHENG, YONG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
TEITELBAUM J.
[1] After a reading of the transcript and hearing the submissions of the parties, I am satisfied that Counsel for the Applicant was prevented by the presiding member, Mr. L. Lucina, from presenting an application to have one or both members of the panel recused.
[2] After a reading of the transcript, I am satisfied that the presiding member had decided, before hearing the submissions of Counsel for the Applicant, that there did not exist a bias or a reasonable apprehension of bias.
[3] As a result, I allow the application for judicial review and set aside the decision made by L. Lucina and Y. Siddiqui rendered orally on May 25, 1998.
[4] The matter is referred back for a new hearing before a differently constituted panel.
"Max M. Teitelbaum"
Judge
TORONTO, ONTARIO
April 23, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2726-98
| STYLE OF CAUSE: CHENG, YONG |
and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: FRIDAY, APRIL 23, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR ORDER AND ORDER BY: TEITELBAUM J. |
DATED: FRIDAY, APRIL 23, 1999
APPEARANCES: Ms. Maureen Silcoff
For the Applicant
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD: Lewis & Associates
Barristers & Solicitors
290 Gerrard Street East
Toronto, Ontario
M5A 2G4
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990423
Docket: IMM-2726-98
Between:
CHENG, YONG
| Applicant |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER AND ORDER