A review of the complaint found that the allegations were not within the jurisdiction of the Member complaints process. The complaint was dismissed, and the file was closed.
The Complainant was appeal counsel for a refugee claimant who was unrepresented when their claim was before the Member at the Refugee Protection Division. The complaint alleged that the Member asked too much of an unrepresented client, including asking the client to show evidence on a cell phone through a video camera. The complaint also alleged that the member made errors and assumptions when assessing evidence.
The Office of the Ombudsperson reviewed the complaint and found that the allegations were regarding adjudicative discretion, not conduct. Decisions regarding how to accommodate an unpresented client are related to procedural fairness, and decisions about how to assess or accept evidence or documents during a hearing are part of a Member's adjudicative decision-making.
The Ombudsperson therefore recommended to the Chairperson that the allegations be dismissed as they do not fall within the scope of the Procedures for Making a Complaint about a Member (the Procedures). The Chairperson agreed with the recommendation.