On April 4, 2022, the Refugee Appeal Division of the Immigration and Refugee Board (Member Erin Bobkin) issued a decision overturning a Refugee Protection Division (RPD) decision on the basis that the RPD Member demonstrated a reasonable apprehension of bias towards Roma refugee claimants. As Member Bobkin wrote (at para 34):
“I find that a reasonable person would conclude that this Board Member has a predisposition against Roma claimants from Romania. I find that the test for a reasonable apprehension of bias is met. The five decisions reviewed in this appeal reveal that the Member has inappropriately used boilerplate reasons and has repeatedly engaged in a pattern of credibility findings based on inappropriate considerations. Looking at these patterns along with the confrontational and sarcastic tone used in this RPD hearing, I find the test for bias is made out.”
Read the decision here.
Read a media story about the case here.