The complainant was counsel for a refugee claimant whose case was heard by a member of the Refugee Protection Division.
The complainant alleged that the member failed to comply with the Code of Conduct for Members of the IRB as they displayed deplorable behaviour, when they had noted that the complainant was “significantly unprepared” for their client, and was allegedly biased.
The member's statement during the hearing related to the member's decision-making and exercise of adjudicative discretion and therefore is not within the scope of the Procedures for Making a Complaint about a Member (the Procedures).
The allegation of bias was related to how the member came to their final decision. This allegation was related to the member's decision, and therefore, was not within the scope of the Procedures.
The Office of the Ombudsperson reviewed to the audio recording of the hearing and determined that there were no comments or behaviour on the part of the member which could form the basis of a conduct complaint.
After reviewing the complaint, and consistent with the recommendation of the Ombudsperson, the Chairperson dismissed the complaint under the Procedures because none of the allegations were within scope.
The complaint was dismissed and the file was closed.