An investigation found that the Member did not breach the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code). The Complainant, who was legal counsel for refugee claimants, made four allegations following their hearing at the Refugee Protection Division. Three of the four allegations in the complaint were screened out of the complaints process, as they were all regarding hearing management.
One allegation concerned the Member's conduct, and was investigated. The Complainant alleged that the Member refused the claimant's request to stop the hearing after the claimant told the member that they were in distress. The Ombudsperson's investigation concluded that there was no evidence to support the allegation that the Member had refused a request for a break. During the hearing, the Member acknowledged the claimants' distress and granted breaks when they were requested. The Chairperson's decision was that there were no breaches of the Code.