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.
Impact on Success Rates
Studies show that refugee claimants with legal representation are significantly more likely to have their claims accepted than those without representation. A lawyer or RCIC helps you present your case in the most effective way possible.
Representation Options
You may choose to be represented by a lawyer or a Regulated Canadian Immigration Consultant (RCIC). Both types of professionals can provide representation in most immigration matters. You also have the right to represent yourself, though this is more challenging and less likely to succeed.
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 to practice law in Canada. They have completed law school and are regulated by provincial law societies. Lawyers can provide legal advice, represent clients in court and before administrative tribunals, and advocate on your behalf. Lawyers have a duty of confidentiality and are bound by professional ethics rules. All lawyers are qualified to handle refugee claims, though some specialize in immigration law.
Regulated Canadian Immigration Consultants (RCICs)
RCICs are professionals who specialize in immigration matters and are regulated by the Immigration Consultants of Canada Regulatory Council (ICCRC). RCICs have completed specific training and passed examinations in immigration law. They can provide immigration advice, assist with applications, and represent clients before the Immigration and Refugee Board. RCICs typically charge lower fees than lawyers but are not lawyers and cannot provide legal advice on matters outside immigration law.
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 and cannot provide legal representation, but they can provide valuable assistance in understanding your options.
Unregulated Consultants
Some people offer immigration assistance without being licensed or regulated. You should be cautious about working with unregulated consultants. They may not have proper qualifications, may charge excessive fees, or may provide incorrect advice. Always verify that your consultant is properly regulated and licensed.
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.
ICCRC Directory
The ICCRC maintains a public directory of regulated immigration consultants. You can search their website to find RCICs in your area and verify that a consultant is properly regulated.
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 available to low-income individuals. Each province has different eligibility criteria based on family size and income. Most provinces recognize that refugee claimants are eligible for legal aid for their refugee hearing and other immigration proceedings.
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
Legal aid typically covers representation at your IRB hearing and related proceedings. It may also cover some preparatory work such as document gathering and evidence organization. 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 ICCRC 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. Attorney-client privilege means your representative cannot disclose information you share with them (with limited exceptions). 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 (ranging from $150-500+ per hour depending on experience). Some charge flat fees for specific services. Some may offer discounted or pro bono (free) representation for clients with significant financial hardship.
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 Law Society or ICCRC
If your lawyer engages in unethical or illegal conduct, you may file a complaint with the provincial law society. If your RCIC engages in misconduct, you may file a complaint with the ICCRC. These organizations investigate complaints and may discipline professionals who violate ethics rules.
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.