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, a refugee claimant, made four allegations following their hearing at the Refugee Protection Division.
The allegations were investigated because they concerned the Member's conduct. The Complainant alleged that the Member was threatening, disrespectful and aggressive; that the Member failed to acknowledge the Complainant's distress; and that the Member repeatedly questioned the Complainant about tragic events, despite counsel's request to refrain. The Ombudsperson's investigation concluded that there was no evidence to support the allegations.
The investigation determined that the allegation that the Member threatened to stop the proceeding and the allegation about questioning the Complainant were in fact adjudicative in nature. The investigation into those allegations did not proceed, as to not infringe on the Member's adjudicative independence. The allegation that the Member did not acknowledge the Complainant's distress, and the allegation that the Member was disrespectful and aggressive were not supported by the record. The Chairperson's decision was that there were no breaches of the Code.