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 intimidated the claimant during the hearing when their counsel was not present and imposed a new hearing date without counsel's consent.
The decision to proceed without counsel present, and the re-scheduling of a hearing, were matters of adjudicative discretion, and therefore, were not within the scope of the Procedures for Making a Complaint about a Member (the Procedures).
After reviewing the complaint, and consistent with the recommendation of the Ombudsperson, the Chairperson dismissed the complaint under the Procedures because the allegations were not within scope.
The complaint was dismissed and the file was closed.