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 a refugee claimant whose case was heard by a Member of the Refugee Protection Division. The Complainant alleged that the Member suggested that the Complainant try moving to another state, and that the Member failed to consider and weigh evidence and uphold laws.
The Office of the Ombudsperson reviewed the complaint and found that the allegations were regarding adjudicative discretion, not conduct. The presence of an internal flight alternative is part of every refugee claim assessment. Questioning regarding this issue is a matter of adjudicative discretion and Member decision-making. Considering and weighing evidence and upholding laws are also matters of adjudicative discretion and Member 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 Chairperson agreed with the recommendation.