The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, who was counsel for the refugee claimant, alleged that the Member used hostile language in written and oral proceedings; that the Member's demeanor was hostile, that the Member was dismissive of trauma-based evidence and insensitive; the Member did not provide accommodations as per Guideline 8; and that the Member's refusal to recuse themselves following allegations of bias demonstrated an appearance of impropriety and partiality.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct. This is because the language a member uses in their decision, the assessment of evidence, and how to apply the Chairperson's Guidelines are matters of adjudicative discretion. In this case, the allegation of bias was based on the Member's decision on an application for recusal, which is also a matter of adjudicative decision-making. Finally, a preliminary review of the hearing found no instances of the Member displaying hostility. The Chairperson's decision was to dismiss the allegations as they fell outside the scope of the Procedures for Making a Complaint about a Member.