The complaint was screened out after a review determined that the allegation fell outside the jurisdiction of the member complaints process. The Complainant, who was counsel for a refugee claimant, alleged that the Member mishandled a Change of Date and Time (CDT) request.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegation was not related to conduct. When an application for CDT is made, the Member makes a decision on the matter. The Procedures for Making a Complaint about a Member clearly state that a complaint cannot be about a ruling made by a member in their capacity as decision-maker. The Chairperson's decision was to dismiss the allegations as it fell outside the scope of the Procedures.