Why Work With an Immigration Professional?
Refugee claims and immigration matters are complex. Having professional representation can significantly improve your chances of success and protect your legal rights throughout the process.
Advantages of Legal Representation
A lawyer or RCIC can help you understand the legal criteria that apply to your case. They can assist you in gathering evidence and organizing your file. They can help you prepare your testimony and present your case effectively. They can make legal arguments on your behalf and advocate for your interests. They can ensure that procedural rules are followed and that your rights are protected.
The Right to Counsel
Under IRPA s.167(1), a person who is the subject of proceedings before any division of the Immigration and Refugee Board, and the Minister, may be represented by legal or other counsel at their own expense. The Board does not provide or pay for counsel; legal aid, where it is available, is run by each province or territory.
Representation Options
IRPA s.91 restricts who may represent or advise a person for a fee in connection with a proceeding or application under the Act: a lawyer or a Quebec notary in good standing, a paralegal licensed by the Law Society of Ontario, or a licensee of the College of Immigration and Citizenship Consultants. IRCC states that a representative who charges a fee but is not authorized will not be dealt with and that an application using one may be returned or refused. Unpaid help from a family member, friend or community organization is permitted. A claimant may also represent themselves.
Types of Immigration Professionals
Different types of professionals can provide immigration assistance. Understanding the qualifications and scope of each is important.
Immigration Lawyers
Lawyers are licensed and regulated by the law society of their province or territory (in Quebec, the Barreau du Quebec; Quebec notaries are regulated by the Chambre des notaires du Quebec). They can give legal advice and represent clients before the IRB and the courts. Lawyers owe duties of confidentiality and are bound by their law society's rules of professional conduct. Many lawyers do not practise refugee law; experience in this area is worth asking about.
Regulated Canadian Immigration Consultants (RCICs)
Regulated Canadian Immigration Consultants are licensed by the College of Immigration and Citizenship Consultants (CICC), the regulator established under the College of Immigration and Citizenship Consultants Act. Under IRPA s.91(2)(c), a member in good standing of the College may represent or advise for a fee in connection with an application or proceeding under IRPA, including before the IRB. Consultants are not lawyers. The Code of Professional Conduct for College licensees (SOR/2022-128) requires a licensee to enter into a written service agreement with a client before providing services (s.24) and to keep client information confidential (s.28).
Settlement Counselors
Settlement agencies and counselors provide free or low-cost assistance to refugees and immigrants. They may help with understanding the immigration process, gathering documents, preparing applications, and accessing community services. Settlement counselors are not lawyers or licensed consultants and cannot charge for immigration advice or representation, but IRCC permits unpaid help from third parties, and settlement agencies can provide valuable assistance in understanding your options.
Unregulated Consultants
Some people offer immigration assistance for a fee without being authorized. Under IRPA s.91(1) it is an offence to knowingly represent or advise a person for consideration in connection with a proceeding or application under the Act unless the person is authorized. IRCC states it will not deal with unauthorized paid representatives and may return or refuse an application prepared by one. A consultant's licence can be checked on the CICC public register and a lawyer's standing on the relevant law society directory.
How to Find a Lawyer or RCIC
Finding qualified representation is an important first step. Several resources can help you locate a suitable professional.
Provincial Law Societies
Your provincial law society maintains a directory of licensed lawyers. You can search their website to find lawyers in your area who specialize in immigration law. The law society can also tell you whether a lawyer is in good standing and has no disciplinary history.
CICC Public Register
The College of Immigration and Citizenship Consultants maintains a public register of licensed immigration consultants at register.college-ic.ca. Searching it confirms whether a consultant is licensed. IRCC states that the College officially opened on November 23, 2021; the former Immigration Consultants of Canada Regulatory Council (ICCRC) no longer exists, so any reference to the ICCRC is out of date.
Community Organizations
Settlement agencies, immigrant services organizations, and refugee advocacy groups often maintain lists of immigration lawyers and RCICs who work with their clients. These organizations may be able to recommend professionals they have worked with successfully.
Legal Aid
Your provincial legal aid office can refer you to lawyers who work with legal aid clients. If you qualify for legal aid, they may assign you a lawyer or provide a certificate that allows you to hire a lawyer of your choice.
Referral Services
Many provincial law societies and bar associations offer lawyer referral services. You can contact them to be matched with a lawyer who practices immigration law and is accepting new clients.
Legal Aid and Cost Assistance
If you cannot afford to pay for legal representation, legal aid may be available in your province.
Legal Aid Eligibility
Legal aid is administered by each province and territory, and each sets its own financial eligibility rules and decides which immigration and refugee matters it covers. Whether a refugee hearing is covered, and on what terms, depends on the legal aid plan in the province where the claimant lives.
How to Apply for Legal Aid
Contact your provincial legal aid office and request an application. You will need to provide information about your income, family size, and expenses. If you are eligible, legal aid may pay for a lawyer to represent you or may provide a certificate that allows you to hire a lawyer of your choice, with legal aid paying the lawyer's fees.
Coverage
Where a legal aid plan covers refugee claims, coverage may extend to preparing the Basis of Claim Form, preparing evidence and representation at the RPD hearing. Coverage varies by province and by the specific services needed.
Limitations of Legal Aid
Legal aid may have limitations on the amount of work covered or may require that you work with a specific legal aid lawyer rather than a lawyer of your choice. Some services (such as appeals or judicial review) may not be covered by legal aid.
Selecting the Right Professional
Choosing a representative is an important decision. Consider several factors when selecting a lawyer or RCIC.
Experience
Choose a professional with substantial experience in refugee law and claims involving similar issues to yours. Ask how many refugee claims they have handled and what their success rate is. Experience with your specific country or type of persecution is valuable.
Communication
Choose someone who listens to you carefully and explains things clearly. You should feel comfortable asking questions and discussing your concerns. Good communication is essential to a successful representation.
Availability
Ensure that the professional has time to dedicate to your case. Ask about their current caseload and how quickly they typically respond to client communications. A professional who is too busy may not give your case adequate attention.
Cost and Fee Structure
Discuss fees upfront. Some professionals charge hourly rates, others charge flat fees for specific services. Some may work on a contingency or reduced fee basis for clients with financial hardship. Clarify what services are included in the fees and whether there are additional costs.
References and Reviews
Ask for references from previous clients or organizations that work with the professional. Check whether there are any complaints or disciplinary actions against them in the law society or CICC records.
Working Effectively With Your Representative
Once you have selected a representative, working effectively together is crucial to your success.
Providing Full Information
Share all relevant information with your representative. This includes information about persecution you experienced, your family situation, your life in Canada, and any aspects of your case that might be helpful or challenging. Do not hide information thinking it might hurt your case. Your representative needs complete information to develop the best strategy.
Honesty and Truthfulness
Be completely honest with your representative. A lawyer's duty of confidentiality and solicitor-client privilege protect what a client tells them, with limited exceptions; licensed consultants are bound by the Code of Professional Conduct for College licensees, which requires them to keep client information confidential (SOR/2022-128, s.28). You must be truthful in everything you tell them. If there are inconsistencies in your account or if you are uncertain about details, discuss this openly.
Trusting Professional Judgment
While your input is important, trust your representative's professional judgment on legal and strategy matters. They have expertise and experience that you may not have. If you disagree with their approach, discuss your concerns, but ultimately allow them to make decisions about legal matters.
Timely Communication
Respond promptly to your representative's requests for information and documents. Meet deadlines they set. Keep them informed of any changes in your circumstances or any new information that might affect your case.
Attending Meetings and Hearings
Attend all scheduled meetings with your representative. Attend all hearings and other proceedings. Inform your representative immediately if you cannot attend. Your presence and participation is important to your case.
Costs, Fees, and Payment
Understanding the financial aspects of representation is important to avoid surprises.
Fee Structures
Different professionals charge fees in different ways. Some charge hourly rates, some charge flat fees for specific services, and some offer reduced-fee or pro bono (free) representation for clients with significant financial hardship. Rates vary widely, so the amount is a matter for the written agreement; for a College licensee a written service agreement is mandatory before services are provided (SOR/2022-128, s.24).
Cost Estimates
Ask for a written estimate of the likely costs of your case. This should include the cost of representation at your hearing and any other services. Ask about any costs beyond the professional's fees (such as translation, expert reports, or document gathering).
Fee Agreements
You should have a written fee agreement with your representative that clearly states what services are covered, what the fees are, and what payment terms are. Review this agreement carefully before signing.
Payment Arrangements
Discuss payment arrangements. Some professionals require payment upfront. Others may allow installment payments. Some may accept payment plans. If you cannot afford full fees, discuss reduced fee options.
Complaints and Disputes With Representatives
If you have concerns about your representative's conduct or performance, you have options.
Direct Discussion
If you have concerns, first discuss them directly with your representative. There may be misunderstandings that can be resolved through conversation. If you are unhappy with their approach, discuss your concerns and how they might be addressed.
Complaint to a Law Society or the CICC
A complaint about a lawyer goes to the law society of the province or territory where the lawyer is licensed. IRCC states that a question or complaint about a licensed consultant goes to the College of Immigration and Citizenship Consultants. These regulators investigate complaints and can discipline their licensees. Where the representative was never authorized, unauthorized paid representation is an offence under IRPA s.91(9), punishable by a fine or imprisonment.
Malpractice
If your representative's negligent performance caused you harm, you may be able to sue for legal malpractice. This is complex and requires legal advice from another lawyer. Consult with another professional if you believe your representative provided negligent advice or representation.
Changing Representatives
You have the right to change your representative at any time. If you wish to terminate the relationship, inform your representative in writing. Request that they provide you with your file. Understand that changing representatives mid-case may cause delays or require starting some work over.