Subsection 2: Abstentions and challenges

A member of the panel who assumes that he or she has grounds for recusal or who conscientiously considers that he or she should abstain shall be replaced by another member designated by the president of the National Court of Asylum.

A party who wishes to challenge a member of a panel must, on pain of inadmissibility, do so by means of a special document submitted to the Cour nationale du droit d’asile as soon as it is aware of the grounds for the challenge. This document must state precisely the reasons for the challenge and must be accompanied by the relevant supporting documents. Under no circumstances may a challenge be…

The challenged member shall state in writing either his acquiescence in the challenge or his reasons for opposing it.

If the member of the National Court of Asylum who is challenged agrees to the request, he or she shall be replaced immediately. If he or she cannot be replaced in due time, the case is adjourned to a later hearing.In the event that the member of the court does not acquiesce to the request for recusal, the request is decided, as quickly as possible, by another bench.The decision may…