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, an appellant in an Immigration Appeal Division case, raised 4 allegations. Two allegations were screened out as they related to adjudicative independence - such as time management and questioning decisions - and fell outside the scope of the member complaints process.
The remaining 2 allegations, which concerned the Member's conduct, were investigated. The Complainant alleged that the Member was aggressive when reprimanding and giving instructions. The Ombudsperson found that while the Member did issue instructions and reminders during the hearing, they did so in a professional and courteous manner. There was no evidence to support claims of aggressive conduct. The Chairperson agreed with the findings and concluded that there were no breaches of the Code.