The complaint was screened out after a review determined that the allegations did not fall within the jurisdiction of the member complaints process. The Complainant, legal counsel for a refugee claimant, alleged that a member of the Refugee Protection Division improperly proceeded with a regular hearing despite the case being referred to a less complex process, questioned the claimant's support participant, and invited the Minister to intervene.
Upon review, the Ombudsperson determined that the allegations fell under adjudicative independence – specifically time management and deciding what questions to ask - which fell outside the scope of the Procedures for Making a Complaint about a Member. The Ombudsperson therefore recommended to screen out the complaint. The Chairperson agreed, and the file was closed.