Canada’s Refugee Resettlement Targets for 2024 and Beyond Series - Part 7 Understanding Your Rights and Options in Canada
Navigating the refugee claim process in Canada can be overwhelming, especially for those unfamiliar with the legal system. Fortunately, as a refugee claimant, you have certain rights and responsibilities when working with your lawyer. Understanding these standards can help protect you throughout the process and clarify the relationship between you and your legal representative. This blog will break down the steps, services, and legal support you can expect as you pursue your refugee claim in Canada.
What are Refugee Client & Lawyer Rights and Responsibilities?
When you make a refugee claim in Canada, especially at an airport, seaport, land, or border crossing, you will receive a Basis of Claim Form (BOC). The BOC is an essential document that outlines why you are seeking refugee status in Canada. From the moment you receive your BOC, the clock starts ticking — you and your lawyer only have 15 days to complete and submit it to the Immigration and Refugee Board (IRB).
If you’re planning to make a refugee claim within Canada (not at a port of entry), it’s best to meet with your lawyer first. They’ll help you fill out and submit your BOC form to the Immigration, Refugees and Citizenship Canada (IRCC) officer as part of the refugee claim process. Getting legal help early on can significantly impact the success of your case.
Who Pays for Your Legal Services?
Many refugee claimants may be eligible for Legal Aid Ontario (LAO) services. If you receive a certificate for the preparation of your BOC and representation before the IRB, LAO will cover the cost of your lawyer’s services. Importantly, you should never pay your lawyer directly for services covered under your legal aid certificate. If anyone else asks you for payment, refuse and report the issue to LAO.
LAO provides a set number of hours for lawyers working on refugee cases:
- 16 hours for a full hearing preparation
- 10 hours for an expedited case
These hours include work done by your lawyer, a law clerk, or a paralegal. If your lawyer needs to hire an interpreter for communication, LAO will also cover up to 10 hours of interpreter services (with more available upon approval). Do not pay for these services yourself.
Steps to Ensure Your BOC is Complete and Accurate
Your BOC form is the most critical part of your refugee claim, as it details the reasons why you’re seeking asylum in Canada. To ensure the form is completed correctly, here are the steps you need to follow:
Meet Your Lawyer Promptly: After receiving your BOC form, meet with your lawyer as soon as possible. It may take several days to finalize the document and submit it to the IRB within the 15-day deadline.
Personal Interview with Your Lawyer: Your lawyer should personally interview you to ensure that all the information in your BOC is correct. This is crucial because, once submitted, the BOC becomes a formal declaration of your claim.
Check for Accuracy: Before you sign your BOC, it’s important to double-check every detail to ensure accuracy. If anything needs correction, do it before submitting the form. You are responsible for the accuracy of the information, so make sure you understand everything fully.
Receive a Copy: After your BOC form has been sent to the IRB, your lawyer should give you a complete, signed copy for your records.
Access to Medical and Psychological Reports
Depending on your case, your lawyer may believe that a medical or psychological report is necessary to strengthen your claim. For instance, if you’ve experienced trauma that affects your case, these reports can provide vital context. LAO will cover the cost of these reports, up to a specific limit. Do not pay for these documents yourself; your lawyer will handle the arrangements.
Translation Services for Documents
If any of your identity or personal documents are not in English or French, they must be translated before being submitted to the IRB. LAO will cover a limited amount of translation services. If you need more documents translated, your lawyer can request additional funding from LAO.
Preparing for Your Refugee Hearing
As your hearing date approaches, your lawyer will meet with you to ensure you’re fully prepared. This preparation includes going over the hearing process and discussing potential questions you may face. Your lawyer will represent you at the hearing unless you agree to be represented by another lawyer who is part of LAO’s refugee panel.
What to Do if You Change Your Address or Phone Number
It’s essential to keep your contact information up to date. Notify LAO, your lawyer, the IRB, and the Immigration Department if your address or phone number changes. This ensures you receive all crucial updates and notifications regarding your claim.
Working with a Lawyer on LAO’s Refugee Panel
Not all lawyers can accept legal aid certificates. Before proceeding with your case, ask your lawyer if they are on LAO’s Refugee Panel. Only lawyers who are part of this panel can represent you under a legal aid certificate.
If you have concerns or questions about your case or legal aid services, return to the office where you applied for legal aid, and they can assist you.
Frequently Asked Questions (FAQs)
Q: What happens if I miss the 15-day deadline for submitting my BOC form? A: Missing the 15-day deadline can significantly impact your refugee claim. However, if there’s a valid reason for the delay (such as medical emergencies), you can ask your lawyer to request an extension from the IRB.
Q: Do I need to pay for anything during my refugee claim process? A: Most services, including lawyer fees, interpreter services, and necessary medical/psychological reports, are covered by LAO under your legal aid certificate. You should not be asked to pay for these services yourself.
Q: How can I find out the status of my refugee claim? A: You can check your application status online or through your lawyer. The IRCC will inform you in writing if your application has been approved, rejected, or requires further action.
Q: What if I disagree with my lawyer? A: If you feel your lawyer isn’t handling your case appropriately, you can contact LAO to discuss your concerns and explore your options.
Conclusion
Navigating the refugee claim process can be challenging, but understanding your rights and responsibilities, especially in partnership with your lawyer, is crucial for success. By ensuring that your Basis of Claim (BOC) form is completed accurately, and taking advantage of Legal Aid Ontario (LAO) services, you can strengthen your case and move closer to securing a safe future in Canada. Remember, your lawyer is there to guide and support you throughout the process, so don’t hesitate to ask questions or seek clarifications when needed.
