The complainant in this matter is a represented individual who appeared before the Immigration and Refugee Board of Canada's (IRB) Immigration Division (ID). The complaint was received by the Assistant Deputy Chairperson of the ID and was referred to the IRB Office of Integrity for consideration and action under the IRB's Procedures for Making a Complaint about a Member (the Procedures).
The complaint primarily expressed concerns about bias on the part of the member, and asserted that the claimant did not receive a fair hearing. Allegations related to bias, members' decisions and other adjudicative matters fall outside the scope of the Procedures.
Two allegations could possibly have touched upon the conduct of the member in the hearing room. The Chairperson instructed that the audio recording of the proceedings be reviewed to ensure that the manner with which the member dealt with counsel and the claimant respected the expectations for members' behaviour as set out in the IRB Code of Conduct.
A full review of the audio recording found that the member's behaviour and conduct was appropriate in her interactions with both counsel and the claimant. The complaint was therefore dismissed.