The complainant was counsel for a refugee appellant who made a complaint about a Refugee Appeal Division member.
The complainant alleged that the member refused to allow affidavit evidence in the appeal which was submitted to supplement parts of the missing audio recording from their Refugee Protection Division hearing.
The member's decision whether to accept an affidavit in place of parts of a missing audio recording related to the member's decision-making and adjudicative discretion, and therefore, was 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.
The complaint was dismissed and the file was closed.