Refugee Judges Delegate Decisions, Complaint Says

Immigration and Refugee Board judges routinely delegate the writing of decisions to tribunal staff, according to a complaint filed with the federal integrity officer.
Selwyn Pieters says he wrote decisions in five cases, two of which involved claimants who said they could be executed if they were sent back to their countries of origin.
He says the claimants' lawyers were never told that the judge in their cases had not written the decisions.
Pieters says caseload, case complexity or "laziness" may have motivated judges to assign him the decisions in violation of the immigration board rules.
"It's almost like a code of silence at the place," he said. "It's inappropriate to have [a refugee protection officer] writing decisions, but everybody knows it happens and nobody says anything."
Refugee protection officers are supposed to screen claimants and assess their applications. If they accept a claim, the applicant can apply for permanent residence status.
If the refugee protection officer rejects a claim, however, the case is sent to a full hearing, where an immigration board judge rules on it.
Pieters' complaint was sent to the federal Public Service Integrity Officer prior to Tuesday's announcement of sweeping changes to the process for board appointments.
FROM MARCH 16, 2004: Minister promises IRB appointments will now be 'merit based'
Immigration board spokesperson Charles Hawkins says there are clear rules against judges seeking opinions from refugee protection officers on the merits of cases.
A lawyer for an unsuccessful refugee claimant said he would appeal the decision if it were proven that Pieters wrote it.
"If I were to learn that to be true, I would immediately apply to re-open the case, and I would demand an investigation into the whole decision making process at the board," said Lorne Waldman.
"I'd be outraged because clearly the role of the decision-maker is to write the decision."
Pieters said his complaint had also been forwarded to the auditor general and the minister of immigration.

Source : CBC News