The complaint was screened out after a review determined that the allegations did not fall within the jurisdiction of the member complaints process. The Complainant, legal counsel for a refugee claimant, alleged that a member of the Refugee Protection Division unfairly blamed them for poor-quality documents submitted by the Minister, dismissed the claimant's behaviour as irrelevant, interrupted proceedings, made inappropriate remarks about administrative procedures, and laughed at the Complainant during their closing statement.
The Ombudsperson found that most of the allegations were related to adjudicative independence – specifically hearing management - and were therefore outside the scope of the Procedures for Making a Complaint about a Member. The final allegation was reviewed and determined to be vexatious, as the Member had clarified during the hearing that the laughter was due to the volume of interpretation required and not directed at the Complainant. The Ombudsperson therefore recommended to screen out the complaint. The Chairperson agreed, and the file was closed.