The complainant in this matter is counsel for an individual who appeared before the Immigration and Refugee Board of Canada's (IRB) Refugee Protection Division (RPD). The complaint was submitted by mail to the attention of the Director of the IRB's Office of Integrity. The complaint was considered by the Office of Integrity under the Procedures for Making a Complaint about a Member (the
Procedures).
The complaint expressed concerns that the member's behaviour and comments showed clear bias and that the member did not act in an equitable manner and contravened the rules of natural justice. Allegations related to bias, members' decisions and other adjudicative matters fall outside the scope of the
Procedures.
The complainant was informed by the Chairperson that the complaint process is strictly intended to address a member's conduct and not their decisions. Adjudicative matters should be dealt with by the Refugee Appeal Division (RAD) or the Federal Court (as applicable).
The complaint was dismissed as it was not within the scope of the Procedures.