The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, an interpreter who was personally and professionally acquainted with the refugee claimant, alleged that the Member improperly refused to allow the Complainant as an observer to the hearing.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct because the decision to allow an observer is a matter of adjudicative discretion. As per the Procedures for Making a Complaint about a Member, 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 allegation because it fell outside the scope of the Procedures.