RAD Decision re: Bias (4 Apr 2022)

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.