An investigation found that the Member did not breach the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code). The Complainant, legal counsel for a refugee claimant, alleged that a member of the Refugee Protection Division acted in a hostile and aggressive manner when explaining their decision on an application to reschedule the hearing. As the allegation concerned the Member's conduct, it was investigated.
The Ombudsperson found that the Member's critical remarks fell within their adjudicative discretion and that the hearing review showed no evidence of hostility or intimidation. The Chairperson agreed with the findings and concluded there were no breaches of the Code.