A review of the complaint found that the allegations were not within the jurisdiction of the Member complaints process. The complaint was dismissed, and the file was closed.
The Complainant was the adult child of the Person Concerned, whose case was heard before a Member of the Immigration Division. The complaint alleged that the Member prevented the Person Concerned from having their counsel and co-counsel represent them in their preferred manner.
The Office of the Ombudsperson reviewed the complaint and found that the allegations were regarding adjudicative discretion, not conduct. The decision to remove any individual from a hearing room because they are disruptive is part of a Member's decision-making. Members are responsible for maintaining order within the hearing room and making sure their instructions are clearly understood by all parties. Proper interpretation is part of procedural fairness, and the decisions that Members make in this regard are appealable to the Immigration Appeal Division or to the Federal Court.
The Ombudsperson therefore recommended to the Chairperson that the allegations be dismissed as they do not fall within the scope of the Procedures for Making a Complaint about a Member (the Procedures). The Chairperson agreed with the recommendation.