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 unfairly dismissed evidence, failed to reasonably accommodate the Complainant's language barrier, had unfair expectations of the Complainant, and showed bias through their failure to acknowledge the persecution faced by LGBTQ+ individuals in the country of persecution.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct. The assessment of testimony and evidence are matters of adjudicative independence, while the accommodations of language and expectations of the claimant fall under hearing management. The allegation of bias is based on the Member's assessment of the evidence which is a matter of 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.