Legal Services
Society
Navigating the Sea of Change
Refugee Lawyers Group
February 8, 2013
Applying for Legal Aid
• Specialized intake workers
• New legal aid immigration intake phone line
• Port of entry
• Apply as soon as possible
• 15 days to complete a BOC
• Counsel must be available on hearing date (45 days or 60 days)
• Inland applications
• Claimants should apply before attending at CIC (before submitting
CIC forms and BOC)
Refugee claims volumes and
approval rates
• Since 09/10 the number of refugee claims cases has
decreased substantially – high of 1,200 applications for legal
aid to less than an anticipated 500 this fiscal year
• Approval rate for BOC applications is about 80%
• Refusals of coverage are automatically reviewed internally by
case management staff
• In addition person can request a review of a refusal of a legal
aid application (in writing) at any time
Billing for refugee referrals
• LSS Guide to Legal Aid Tariffs
• http://www.legalaid.bc.ca/lawyers/tariffGuide/immigration/
• Immigration Tariff
• Select the version of the chapter that applies to the date of
assignment on your referral.
• On or after December 15, 2012 (BOC claims)
• Before December 15, 2012 (PIF claims)
Appeals Tariff
• http://www.legalaid.bc.ca/assets/lawyers/tariffGuide/appeals/appea
lsTariffDec2012.pdf
Immigration tariff
•
•
•
•
•
Refugee Claims (BOC)
Up to 16 hours general preparation
Up to 10 hours interpreter time
Actual attendance at hearing
Up to $371 for translations
• Completion of CIC forms
• Tariff was not designed with competition of CIC forms included
• Options:
• Administrative staff (under supervision)
• Interpreters (under supervision)
• NGO form completion clinics (draft of CIC forms – reviewed by
counsel)
Persons in detention: summary
advice
• If a person contacts LSS by phone from detention LSS will
provide very basic telephone legal advice
• Those detained inland are required to complete a BOC right
away
• BOCs are completed with the assistance of an interpreter person usually does not have counsel
• Person may not have actually applied for legal aid
Persons in detention: legal aid
referrals
• Once a referral is made for a refugee claim counsel may need
to amend the BOC if completed at CBSA
• Our CBSA contact is Kent Zarrelli -counsel can reach him at
604.666.0042 to find out where claimants are detained.
• if counsel gets a call from person in detention call LSS to see if
case has already been assigned – avoid change of counsel
LSS duty counsel programdetention
• Attend at Library Square at 9 am –LSS e mails list of hearings the
afternoon before
• To locate interpreters call the interpreter’s room (604) 666-5910
• Provide legal advice to detainees
• Represent persons at detention hearings
• 30 day reviews- if there has been a change in circumstances that might
lead to release
• If the Minister is consenting to a release, do not attend the detention
review hearing, unless there are exceptional circumstances that require
counsel’s attendance.
• Contact dutycounsel@lss.bc.ca if:
• a matter is put over to another date, and you have information that would be
helpful to the duty counsel acting on that date- LSS will forward e mail to
scheduled duty counsel
• duty counsel wants a referral to represent a person at their next detention
review
• Duty counsel believes a second counsel is required for a particular day
Duty Counsel: Taking legal aid
applications
Please assist LSS by completing a legal aid application form and
faxing it in to intake or by calling LSS immigration intake line.
Immigration legal aid application form available at CBSA or on
line- Duty Counsel Tariff- Appendix 5
BEST PRACTICES FOR
REPRESENTING CLIENTS AT
DETENTION REVIEW
HEARINGS
To request a copy contact
lawyersresources@lss.bc.ca
RAD applications
• RPD counsel-provide an opinion regarding the merit of a RAD
appeal if requested by LSS or if in counsel’s view the case is
likely to succeed and the final result would benefit client
• Send a copy of the decision to LSS appeals
• LSS preference is for counsel at RPD to act as counsel on the
RAD
• Responding to Ministers appeals most likely will be covered
• Can apply for legal aid after receiving oral decision however
LSS might need to wait to review a copy of the written reasons
• RAD approvals through LSS appeals department
• Bill in accordance with LSS appeals tariff
Judicial reviews and other post
claim relief
•
•
•
•
Applications have increased
Apply to LSS appeals department
Bill in accordance with Appeals Tariff
Check authorizations on referral
E- billing and authorizations
• E authorizations introduced in January 2013
• Use this to request authorization for disbursements (other
than transcripts)
• Response from LSS is by email
• New phone number for questions about tariff services (now
called lawyer services)
• 1-888-401 6206
• For more information see January Legal Aid Brief on the LSS
website
Update on Sun Sea Cases
• LSS continues to fund some refugee claims at the RPD
• Judicial Reviews of refugee claims ( positive and negative
decisions)
• Interpretation of section 37 (1) b) IRPA – “people smuggling”
before the FCA
• Interpretation of section 117 (1) “organizing entry into
Canada”
Anticipated legal challenges
• PRRA and H&C one year ( or 36 month) bar
• Procedural fairness re: extensions to file BOCs, request for
hearing postponements, abandonment proceedings, time
lines
• Reopening grounds limited
• Designated countries of origin regime
• Designated Foreign Nationals – detention
• RAD- limited access, standard of review, RAD- asymmetrical
regime (minister as appellant compared to claimant as
appellant)
Information Sharing
• Circulate information by e mail
• LSS hidden website for Sun Sea arrivals is no longer being
maintained
• Ontario Refugee Lawyers Association
• Canadian Association of Refugee Lawyers (CARL)
Public legal education
materials
Completed:
• Flow chart
• Book mark
Possible:
• translations of BOC
• Refugee claim guide
• Self representation
kits
LSS contact information-intake
(applications)
• By phone
• Legal aid immigration line (specialized intake workers)
• 604-601-6076
• 1-888-601-6076
• In person
• Vancouver legal aid office
• Suite 425 510 Burrard Street
• Vancouver
E-mail
•
Immigration.intake@lss.bc.ca
Hours:
• 8:30 to 4:30
• except Wednesday 8:30 to 12:30
LSS contact informationappeals
• Phone
• 604-601-6085
• Email
• helpdesk.appeals@lss.bc.ca
• Fax
• 604-682-0956