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 a refugee claimant whose case was heard by a Member of the Refugee Protection Division. The Complainant alleged that the Member's Notice of Decision was in accurate, and that the Member took too long to make their decision.
The Office of the Ombudsperson reviewed the complaint and found that the allegations were regarding adjudicative discretion, not conduct. The assessment of evidence, the content of a decision, and timelines regarding decision-writing are also matters of member decision-making and therefore relate to adjudicative discretion.
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.