The complainant was counsel for a refugee claimant. The complaint pertained to an interlocutory decision by a Coordinating Member of the Refugee Protection Division and subsequent actions by the member who heard the claim.
The complainant alleged that the member did not react appropriately during the hearing after the coordinating member had postponed the hearing. In addition, the complainant alleged that the coordinating member inappropriately rescheduled the hearing to a date when counsel had two hearings.
The decisions to follow the ruling of another member and the re-scheduling of a hearing were matters of adjudicative discretion, and therefore, were not within the scope of the Procedures for Making a Complaint about a Member (the Procedures).
After reviewing the complaint, and consistent with the recommendation of the Ombudsperson, the Chairperson dismissed the complaint under the Procedures because the allegations were not within scope.
The complaint was dismissed and the file was closed.