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 asked insensitive questions during the hearing and gave inappropriate reasons in their written decision. More specifically, the complainant alleged that the member did not take cultural differences into account when asking questions,
did not consider the complainant's status as a vulnerable person, and did not consider the effects of post traumatic stress disorder.
The way the member formed and posed questions to determine credibility was part of their adjudicative discretion, and therefore does not fall within the scope of the
Procedures for Making a Complaint about a Member (the Procedures). This would be the case even if a claimant was a vulnerable person or had post-traumatic stress disorder.
The Office of the Ombudsperson reviewed the recording of the hearing and noted that the member treated the complainant with sensitivity and respect as provided for under
Chairperson Guideline 8: Procedures With Respect to Vulnerable Persons Appearing Before the IRB. The audio recording also 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.