Can an allegation of bias against a tribunal be proven?
Canada (Federal), Canada
The following excerpt is from Arrachch v. Canada (Minister of Citizenship and Immigration), 2006 FC 999 (CanLII):
An allegation of bias, actual or apprehended, against a tribunal is a serious allegation. It challenges the integrity of the tribunal and of its members who participated in the impugned decision. It cannot be done lightly. It cannot rest on mere suspicion, pure conjecture or mere impressions of an applicant or counsel. It must be supported by material evidence demonstrating conduct that derogates from the standard: Arthur v. Canada (Attorney General), 2001 FCA 223, (2001), 283 N.R. 346.
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