An investigation into a complaint against a member of the Immigration Appeal Division concluded that there was no breach of the Code of Conduct for Members of the Immigration and Refugee Board of Canada(the Code). The Complainant, who was the appellant in the case, raised 5 allegations, 4 of which were screened out as they related to the Member's adjudicative independence - such as managing credibility, explaining procedures, and assessing evidence.
The remaining allegation, which concerned the Member's conduct, was investigated. The Complainant alleged that the Member made outrageous, racist, and degrading comments. Upon review, the Ombudsperson found no evidence to support these claims and confirmed that the Member acted respectfully and courteously throughout the hearing, in line with section 9 of the Code. The Chairperson agreed with the finding that there was no breach of the Code.