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 an appellant whose case was heard before a Member of the Immigration Appeal Division. The complaint alleged that the start of the hearing was delayed, that the Member asked the complainant to not to give such detailed responses, and that the Member asked the complainant several inappropriate questions.
The Office of the Ombudsperson reviewed the complaint and found that the allegations were regarding adjudicative discretion, not conduct. Managing the time allotted for hearings, and questioning, are matters of Member decision-making.
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 Chairperson agreed with the recommendation.