Saleh v. Canada ( Minister of Citizenship and Immigration )
IMM-4272-94
Reed J.
11/5/95
5 pp.
Application to set aside decision of Immigration and Refugee Board -- Applicant's refugee claim based on conversion from Islam to Christianity, while outside Egypt -- One of Board members member of Ismaili sect of Islam -- Exhibiting highly defensive attitude -- Presiding member refusing to adequately listen to evidence presented -- Motion asking Board members to excuse themselves and have applicant's case heard by different panel refused -- Board member's conduct, in course of hearing, such as to raise reasonable apprehension of bias -- Presiding member's conduct bound to create apprehension of bias subjectively and objectively determined -- Demonstrating actual bias -- Board member's conduct, looked at in overall context, supporting conclusion apprehension of bias, if not actual bias, existed -- Applicant's claim not fear of being persecuted for proselytising Muslims in overt and public manner -- Applicant fearing persecution, if returned to Egypt, as convert from Islam to Christianity -- Test for determining when reasonable apprehension of bias exists met -- Application allowed.