Case No. 18-003

​The complainant in this matter is a self-represented individual who appeared before the Immigration and Refugee Board of Canada's (IRB) Immigration Division (ID). The complaint, which expressed concerns about the member assigned to the case, was submitted to the Assistant Deputy Chairperson of the ID. That complaint was referred to the IRB Office of Integrity for consideration and action under the IRB's Procedures for Making a Complaint about a Member (the Procedures).

The basis for the complaint was that “there are serious grounds to believe the member is partial in most of his rulings" and “strong evidence exists that the member cannot be impartial, or that, the member is rarely impartial." This allegation was also raised before the member by way of a motion for recusal at the hearing. The member ruled on the motion for recusal and denied it.

The complaint was held in abeyance by the Office of Integrity until the member had rendered their decision in the case, as required by section 7.2 of the Procedures. A decision on the merits of the complainant's case was issued. The complainant was then informed by the Chairperson that the complaint process is strictly intended to address a member's conduct and not their decision. The Procedures specifically exclude consideration of complaints related to allegations of bias. These are adjudicative matters that can only be dealt with by the Immigration Appeal Division or the Federal Court (as applicable). 

The complaint was dismissed as it was not within the scope of the Procedures.