An investigation into a complaint about a Member of the Refugee Protection Division found no breach of 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 the Member questioned their competence and mocked the claimant's responses during the hearing. Both allegations were investigated as they concerned the Member's conduct.
The Ombudsperson found the Member's comments to be a reasonable assessment of counsel's performance. The Member's reaction appeared to stem from issues with language interpretation rather than the claimant's testimony. Although the timing coincided with sensitive disclosures, this alone did not support the allegation. The Chairperson agreed with Ombudsperson's recommendation that there were no breaches of the Code.