An investigation into a complaint about a Member of the Refugee Protection Division found no breach of the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code). The Complainant, legal counsel for a refugee claimant, submitted 4 allegations. Two were screened out, as they concerned adjudicative matters - hearing management, credibility assessments, and evidence evaluation - which fall outside the scope of the member complaints process.
The remaining 2 allegations, which involved the Member's conduct, were investigated. The Complainant alleged that the Member made a sarcastic comment and behaved in a way that suggested bias. Upon reviewing the hearing, the Ombudsperson found it impossible to determine the tone of the comment but noted that both parties apologized after a brief misunderstanding. The hearing continued without further issue, and no evidence of bias was found. The Chairperson agreed with the Ombudsperson's recommendation that there were no breaches of the Code.