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 legal counsel for a refugee claimant whose case was heard by a Member of the Refugee Protection Division. The complaint alleged that the Member has a pattern of rendering findings of “no credible basis” in their cases, and that the Member looked shocked and annoyed after the Complainant refuted the Member's internet search findings.
The Office of the Ombudsperson reviewed the video recording of the hearing, which showed that the Member did not appear shocked or annoyed after the complainant refuted the Member's findings. The review found the Member's overall behaviour to be polite and courteous throughout the hearing.
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.