Section 1 – Refugee Claim Process
Working with legal counsel
It is important you feel comfortable with this person who will represent you in a very important matter. Feel free to ask your legal counsel to show you their qualifications.
Make sure you ask what they will charge and what is covered by that cost, e.g. translation, postage, photocopying etc.
How do they expect to be paid and when? Can you pay in instalments?
Lawyer or Immigration consultant?
An immigration lawyer in Canada has 4 years of legal training (3 yr degree + 1 yr as an apprentice with a law firm) and can represent clients at the IRB and in court. They can use the letters “Ll.B” after their name and will have a “Law Society Card” to show their professional standing. Lawyers’ costs may be covered by Legal Aid.
An immigration consultant does not always have formal legal training in Canada but must be registered with the Canadian Society of Immigration Consultants (CSIC). They will have a registration number. A consultant can represent you at the IRB but not in court. Consultants’ costs are not covered by Legal Aid.
What you need to do to help the process.
If you are on legal aid, you do not have much time with your lawyer. If you need to have an interpreter this uses even more of this time. Make sure you do as much preparation as you can to assist the process.
IMPORTANT
§ You are the person responsible for having all your information prepared, with facts and dates and places related to the events in your claim.
§ Be clear about why you are making a claim and be able to explain the background. The more evidence you can produce the better.
§ Use the library and the Internet, if you are able to gain up-to–date information about events in your country that might support your claim.
