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In an order issued Friday on an appeal by failed refugee claimant Bingrou Xu, the judge eight times repeated that the credibility findings by Immigration and Refugee Board member David McBean were "unreasonable".

McBean rejected Xu鈥檚 refugee claim last summer, stating 14 times that the claimant鈥檚 story was unsatisfactory and lacked credibility. Xu fled Belize in 2007 with his two children, claiming his wife was shot to death in a botched robbery of their convenience store and his family continued to be threatened.

鈥淭he (refugee) board鈥檚 conclusion . . . appears to have been based on the cumulative effect of the 鈥榙iscrepancies, contradictions and other problems鈥� that the board identified,鈥� Justice Paul Crampton ruled.

. . .

Data analysis by Osgoode Hall Law School Professor revealed last week that McBean granted asylum to none of the 169 cases assigned to him since his 2007 appointment, with most of his rejections citing claimants' credibility as an issue. The data also showed several board members had extremely high acceptance rates.

Rehaag's and reveals startling differences in the acceptance rates of individual adjudicators. His findings were later .

Rehaag is also a member of the .

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In fact, the board insists that each decision must be examined on a case-by-case basis.

鈥淪tatistics on the acceptance and rejection rates of individual IRB members who determine refugee claims made in Canada require context,鈥� Immigration and Refugee Board (IRB) spokesperson Anna Pape said Friday. 鈥淓ach refugee protection claim referred to the IRB is reviewed on the evidence presented in that individual case and decided on its merits. Each case is unique.鈥�

The IRB was responding to a by Osgoode Hall [Law School] Professor聽 that found a wide range of rejection rates among its members, even when dealing with claims from the same country.

The findings have already cast doubt on IRB member David McBean鈥檚 ability to judge fairly. McBean rejected all his asylum cases since his 2007 appointment 鈥� 62 in 2010, 72 in 2009 and 35 in 2008.聽

Rehaag also discussed the study, which examines the practices of the Canadian Immigration聽and Refugee Board and reveals startling differences in the acceptance rates of individual adjudicators, on CBC鈥檚 鈥淎s It Happens鈥�, 鈥淎u Dela De La 401鈥� and 鈥淟e Telejournal Ontario鈥� March 4.

Rehaag is also a member of the .

Posted by Elizabeth Monier-Williams, research communications officer, with files courtesy of YFile鈥� 91亚色鈥檚 daily e-bulletin.

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According to an analysis of IRB data obtained through an access-to-information request, McBean was one of a handful of board members who granted asylum in fewer than 10 per cent of cases last year, said the Star. The others were Anna Brychcy (6.45 per cent), Pasquale A. Fiorino (6.93 per cent), Michele Pettinella (6.67 per cent), Edward Robinson (4.29 per cent), Carolyne Wedgbury (9.66 per cent), Andrea Wojtak (2.94 per cent) and Colleen Zuk (9.46 per cent).

鈥淭here is a concern of bias,鈥� said Osgoode Hall Law School Professor , who obtained and analyzed the data. 鈥淚t is an issue if the case outcome hinges on who made the decision. You鈥檙e lucky if you had Cathryn Forbes (who granted asylum in 35 out of 35 cases). If you had David McBean, you would have no chance.鈥�

Individual claimants may vary in their personal profiles and circumstances of persecution even if they are from the same country. However, the discrepancies remain when Rehaag controlled the variables such as the country of origin of the claimants.

Rehaag said his data also showed that those claimants who had legal representation at the asylum hearing tended to have a much higher success rate (48.58 per cent) than those who were unrepresented (11.79 per cent). Refugee board members are appointed by the government from a pool of qualified applicants who must pass an exam to prove their knowledge of immigration and refugee issues. The terms are between one and three years. They are paid in the range of $102,300 and $120,400 a year.

Rehaag is also a member of the .

Posted by Elizabeth Monier-Williams, research communications officer, with files courtesy of YFile鈥� 91亚色鈥檚 daily e-bulletin.

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