The complainant is the legal representative for refugee claimants whose case was heard by the member. The complainant alleged that the member was inflexible, uncompromising, and biased when they:
- Bluntly rejected a request to obtain leave to present additional documents and submissions
- Surprised the complainant with questions of the citizenship of the claimant’s mother. The complainant felt that this issue does not apply to this case
- Insisted on the absence of proof of citizenship, without giving any possibility of continuing the hearing
Consistent with the recommendation of the Office of the Ombudsperson, the Chairperson decided that this complaint relates to the exercise of adjudicative discretion and not to the member’s conduct. As per section 3 of the
Procedures for Making a Complaint about a Member, complaints related to the exercise of the member’s adjudicative discretion are not investigated. Members are independent decision-makers; therefore, their adjudicative independence must be unfettered. The appropriate forum for concerns about adjudicative discretion is the associated appeals division or the Federal Court.
The complaint was dismissed, and the file was closed.