The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, a refugee claimant, alleged that the Member stated in the decision that they did not believe the central basis of the claim, and that the Member did not assess all the evidence and was therefore biased.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct. The assessment of evidence and the content of a member's decision are matters of adjudicative discretion. Moreover, because the allegation of bias was about what the Member wrote in the decision, it also falls under adjudicative discretion. 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.