The complainant was counsel for refugee claimants whose case was heard by a member of the Refugee Protection Division.
The complainant alleged that the member was disrespectful towards counsel and discriminated against the complainants, did not consider social and cultural differences, and did not accommodate the participants during the hearing.
The way a member formulated their questions was a matter of adjudicative discretion. This allegation related to the member's decision-making and exercise of adjudicative discretion, and therefore, was not within the scope of the Procedures for Making a Complaint about a Member (the Procedures).
The Office of the Ombudsperson reviewed 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.