The complainant was the legal representative for a refugee claimant whose case was heard by a member of the Refugee Appeal Division.
The complainant alleged that the member accused counsel of being a liar when they wrote in their decision that counsel had misrepresented the evidence contained in relevant research reports.
The term “misrepresented the evidence” is commonly used by members when weighing the evidence and in their decisions. The question of how the member determined what language to use in effectively expressing their assessment of the matter before them was a matter of adjudicative discretion, and therefore, was not within scope of the Procedures for Making a Complaint about a Member (the Procedures).
After reviewing the complaint, and consistent with the recommendation of the Ombudsperson, the Chairperson dismissed the complaint under the Procedures because the allegation was not within scope.
The complaint was dismissed and the file was closed.