The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, a person concerned whose case was heard by a member of the Immigration Division, alleged that the Member spoke quickly, did not ask the Complainant any questions or allow his witnesses to provide statements, was dismissive and lacked professionalism towards the Complainant's counsel. The Complainant also alleged that they were not informed of a change of member.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct. This is because determining which member presides over a hearing is a decision for the Division to make and because time management and deciding what questions to ask, along with what witnesses to question, are part of hearing management and therefore part of a member's adjudicative independence. A review of the transcript found that the Member was courteous and respectful throughout the hearing. The Chairperson's decision was to dismiss the allegations as they fell outside the scope of the Procedures for Making a Complaint about a Member.