The complainant in this matter is a refugee protection claimant who appeared before the Immigration and Refugee Board of Canada's (IRB) Refugee Protection division (RPD). The complaint was submitted by the claimant's counsel by way of the IRB Office of Integrity's generic email address. The complaint was considered by the Office of Integrity under the Procedures for Making a Complaint Against a Member (the Procedures).
The basis for the complaint was that the member heard testimony in the morning, recessed for a lunch break, and then rendered a decision from the bench immediately upon returning to the hearing room. The complaint stated that “[i]t would amount to serious misconduct if it is proven that the Member had, in fact, drafted his/her decision, even partially, prior to or during the refugee hearing." The claimant “strongly feel[s] that the Member had made up his/her mind to reject her claim one way or another and he/she had drafted his/her decision, fully or partially, prior or during the hearing."
Ultimately, the basis of the complaint is about the member's decision. Concern about the member's decision can be addressed by way of an appeal to the Refugee Appeal Division or the Federal Court (as applicable). The complaint was dismissed as it fell outside the scope of the Procedures.