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 counsel for a refugee claimant, made four allegations following their hearing at the Refugee Protection Division. Two allegations were screened out because they were related to the member's adjudicative independence, and therefore fall outside the scope of the member complaints process.
The remaining two allegations were investigated because they concerned the Member's conduct. The Complainant alleged that the Member questioned the parties aggressively, and that they engaged in a tirade against the Complainant and angrily adjourned the hearing. The Ombudsperson's investigation concluded that there was no evidence to support the allegations. Instead, the investigation found that the Member took their time explaining the process to the parties, and that the Member did not engage in a tirade. The Chairperson's decision was that there were no breaches of the Code.