Zaroud v. Canada ( Secretary of State )
IMM-3029-94
Nadon J.
21/9/95
8 pp.
Application for judicial review of CRDD decision applicant not Convention refugee-Applicant, citizen of Algeria, entered Canada in August 1989 and immediately claimed refugee status-Panel members concluded claimant not credible and evidence supporting claim not sufficient-Applicant feared returning to Algeria on grounds Front Islamique du Salut (FIS) would try to kill him and Algerian government not able to protect him-Also mentioned persecution suffered before leaving Algeria in 1989-Submitted presence of Mr. Desmarais as a member gave rise to reasonable fear of bias since latter had also sat as member at hearing of first refugee status claim-Latter argument unfounded-Mr. Desmarais' presence as member of panel which heard applicant's first claim raised at hearing on February 28, 1994-At no time did counsel for applicant ask Mr. Desmarais to withdraw-If applicant had fear of bias, should have raised matter at hearing on February 28, 1994-Now too late to raise question-Court should only intervene where inferences drawn by panel unreasonable-Based on evidence before panel, conclusions not in any way unreasonable-Application dismissed.