The complainant was counsel for a refugee claimant whose case was heard by a member of the Refugee Protection Division.
The complainant alleged that the member was disrespectful and discriminated against them. More specifically, it was alleged that the member did not allow a break early in the hearing and the member denied a recusal request.
The way the member scheduled breaks as well as their decision to recuse themselves was part of the member's adjudicative discretion. The way the member came to their decision was also a matter of adjudicative discretion, and therefore, was not within scope of the Procedures for Making a Complaint about a Member (the Procedures).
The Office of the Ombudsperson reviewed the audio and video recording of the hearing and determined that there were no comments or behaviour on the part of the member which could form the basis of a conduct complaint.
After reviewing the complaint, and consistent with the recommendation of the Ombudsperson, the Chairperson dismissed the complaint under the Procedures because none of the allegations were within scope.
The complaint was dismissed and the file was closed.