The complainant was counsel for refugee claimants whose case was heard by a member of the Refugee Protection Division.
The complainant alleged that the member was disrespectful and unprofessional towards counsel, did not respect cultural differences, and lacked integrity.
Pursuant to the Procedures for Making a Complaint about a Member, and consistent with the recommendation of the Ombudsperson, the Chairperson referred the complaint for investigation by the Office of the Ombudsperson. The final investigation report came to the following conclusions:
- The review of the video recording did not reveal any instances where the member used an aggressive tone or questioning technique. The member's tone was courteous and respectful throughout the hearing. Further, the member's overall behaviour was courteous and respectful. This allegation was unfounded.
- There was no evidence of the member not considering cultural differences and only allowing partial interpretation during the hearing.
- A review of the video of the hearing revealed that the member addressed counsel, the claimant, and the interpreter using appropriate titles and courtesies throughout the hearing. The member questioned the claimant calmly and asked questions of clarification to assist in their adjudication of the claim. At no time did the member appear unprofessional in conducting the hearing. This allegation was unfounded.
- There was no evidence to support that the member lacked integrity during the hearing.
The investigation report was provided to the Chairperson. He was satisfied that the investigation was thorough and fair. The Chairperson accepted the conclusions in the report and found that there were no breaches of the Code of Conduct for Members of the IRB.
The complaint was unfounded and the file was closed.