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 a refugee claimant, made four allegations following their hearing at the Refugee Protection Division. One of the four allegations in the complaint was screened out of the complaints process, as it regarded hearing management.
Three allegations concerning the Member's conduct were investigated. The Complainant alleged that the Member commented negatively on the Complainant's attire, that the Member's tone was aggressive throughout the hearing, and that the Member pressed the Complainant and seemed skeptical when the Complainant noted their scheduling availability for to religious reasons. The Ombudsperson's investigation concluded that there was insufficient evidence to support the allegations. The investigation found that Member did note the Complainant's attire without dwelling on the subject, that any time the Member appeared to be frustrated it was within acceptable workplace parameters, and that when the Complainant stated that he was not available for religious reasons, the Member stated that it was fine and moved on to suggest another date. The Chairperson's decision was that there were no breaches of the Code.