Why Legal Representation Matters
Section 167(1) of the Immigration and Refugee Protection Act (IRPA) provides that a person who is the subject of proceedings before any Division of the Immigration and Refugee Board (IRB) may, at their own expense, be represented by legal or other counsel. Representation is not required, and the IRB's Claimant's Guide confirms that a claimant may represent themselves. Counsel can help with understanding refugee law, gathering evidence, preparing the Basis of Claim narrative, and presenting the case at the hearing.
Counsel can identify the legal arguments that support a claim, ensure that evidence is presented within the time limits in the Refugee Protection Division Rules, and respond to any concerns raised by the IRB or by the Minister where the Minister intervenes.
Even when planning to represent oneself, consulting with a lawyer early in the claim process can provide valuable guidance about legal position and strategy.
Lawyers vs. Regulated Canadian Immigration Consultants
IRPA section 91(2) sets out who may represent or advise a person for a fee in a proceeding or application under the Act: a lawyer or paralegal who is a member in good standing of a provincial or territorial law society, a member in good standing of the Chambre des notaires du Quebec, and a member in good standing of the College of Immigration and Citizenship Consultants (CICC). IRCC's guidance adds that paralegals are authorized in Ontario only, through the Law Society of Ontario. The two most common choices for refugee claimants are lawyers and Regulated Canadian Immigration Consultants (RCICs). A family member, friend or volunteer may also act as counsel before the IRB without charging a fee, and the IRB requires a notice of representation without a fee in that case.
Immigration Lawyers
Immigration lawyers are licensed by a provincial or territorial law society and are subject to that law society's rules of professional conduct and discipline. Lawyers can represent a claimant at all stages of the refugee claim process, including before the IRB and on an application for leave and judicial review in the Federal Court under IRPA section 72. Lawyers can also provide legal advice on related matters.
Regulated Canadian Immigration Consultants (RCICs)
RCICs are licensed and regulated by the College of Immigration and Citizenship Consultants (CICC), the regulator established under the College of Immigration and Citizenship Consultants Act. RCICs are not lawyers. A member in good standing of the College may, under IRPA section 91(2)(c), represent and advise for a fee on applications and proceedings under the Act, including before the IRB. IRPA section 91 authorizes consultants for proceedings and applications under the Act. Applications for leave and judicial review in the Federal Court are in practice conducted by lawyers. The CICC's public register shows whether a consultant is a licensee in good standing.
Choosing Between a Lawyer and an RCIC
Both lawyers and RCICs are authorized representatives. The choice often depends on cost, availability, the complexity of the case, and whether Federal Court proceedings are a realistic possibility. Whichever type of representative is chosen, verifying their standing with the regulator before paying any fee is the safeguard that IRCC recommends.
How to Find an Immigration Lawyer
Finding an immigration lawyer requires some research and effort, but there are several reliable resources to help you locate qualified representation.
Law Society Referral Services
Each province and territory has a law society that maintains a public directory of licensed lawyers, which shows whether a lawyer is entitled to practise and whether there is a disciplinary history. Several law societies also operate referral services that connect the public with lawyers in a particular area of practice. IRCC's page on authorized representatives links to every law society directory and to the CICC register.
Immigration and Refugee Legal Resources
Some professional associations of immigration and refugee lawyers maintain member directories. A listing in a directory is not a licence, so the lawyer's standing is still confirmed through the law society register.
Settlement Organizations
Immigration settlement agencies and refugee advocacy organizations in your community often maintain lists of local immigration lawyers or can provide referrals. These organizations work closely with lawyers and can recommend qualified representatives.
Word of Mouth and Community Networks
Other refugee claimants, settlement workers and community members can provide referrals to lawyers. A personal recommendation is a useful starting point, but the representative's licence is still confirmed with the law society or the CICC.
Accessing Legal Aid
IRPA section 167(1) provides for counsel at the person's own expense. Legal aid is a provincial and territorial program, not a federal entitlement, and its availability for refugee claims is a matter of each plan's discretion and rules. The IRB's Claimant's Guide directs claimants who cannot afford counsel to the legal aid office in their province to find out what help, if any, is available.
Legal Aid Eligibility
Where a provincial plan covers refugee claims, eligibility is generally based on financial need, and the applicant's income and assets are assessed against the plan's own thresholds. The thresholds and the types of immigration matters covered vary by province.
Applying for Legal Aid
Applications are made to the provincial or territorial legal aid plan, which asks for financial information and documents about the refugee claim. Because the Refugee Protection Division Rules set time limits for filing the Basis of Claim Form and documents, an early application allows counsel to be in place before those deadlines.
Legal Aid Coverage
What a legal aid certificate covers is set by each plan. Coverage may extend to preparation of the Basis of Claim Form, representation at the hearing, and in some plans an appeal to the Refugee Appeal Division or an application for judicial review. Plans may not cover every expense, such as expert reports.
Staying Current on Applications
When approved for legal aid, maintaining eligibility is necessary by remaining financially qualified and fulfilling any conditions imposed by the legal aid office. The legal aid office should be informed if circumstances change.
Free Legal Clinics and Non-Profit Services
Even when legal aid eligibility is not available, there are free and low-cost legal services available through non-profit organizations and legal clinics.
Community Legal Clinics
Many communities have community legal clinics that provide free legal advice and representation to low-income individuals. These clinics often have staff lawyers or work with volunteer lawyers, and some specialize in immigration and refugee law.
Law School Clinics
Law schools in Canada often operate legal clinics where law students, supervised by lawyers, provide free legal services to the public. These clinics may handle refugee claims and can provide high-quality representation at no cost.
Immigration and Refugee Organizations
Refugee-serving and settlement organizations sometimes provide legal information sessions or connect claimants with volunteer lawyers. Under IRPA section 91(4), organizations providing services under an agreement with the Government of Canada may assist with applications without contravening the rule on paid representation. Legal information from such organizations is not the same as representation by counsel of record.
Pro Bono Services
Some law firms and lawyers participate in pro bono programs, taking cases for free for people who cannot afford legal services. Provincial law societies and pro bono organizations can indicate which programs accept refugee matters.
Understanding Legal Costs
When hiring a lawyer or RCIC and legal aid coverage is not available, understanding the costs involved helps with budgeting.
Typical Fee Structures
Immigration lawyers and RCICs typically charge either a flat fee for handling the entire case or an hourly rate. Fees are not regulated by a set tariff and depend on the representative, the complexity of the case and the location. Asking for a written agreement that sets out the fee, what it covers and how disbursements are billed allows the cost to be understood before the engagement begins.
Cost Variations
Costs vary significantly depending on whether the case is straightforward or complex, whether expert reports or investigation are needed, and the geographic location. Comparing written quotes from more than one authorized representative is a reasonable way to gauge what is typical.
Payment Arrangements
Many lawyers and RCICs are willing to arrange payment plans or negotiate fees when financial resources are limited. Discussing payment options before hiring a representative is advisable to ensure understanding of the cost structure.
Hidden Costs
In addition to lawyer fees, there may be costs for obtaining documents from the country of origin, translation services, expert reports, and other expenses. Clarification about what costs are included in the lawyer's fee and what expenses may need to be covered separately is advisable.
Choosing the Right Representative
Once you have identified potential lawyers or RCICs, choosing the right representative requires careful consideration of several factors.
Experience with Refugee Claims
A lawyer or RCIC with significant experience handling refugee claims before the Refugee Protection Division brings familiarity with the Board's procedures and with claims from particular countries. Questions about how many refugee hearings the representative has conducted, and their experience with the relevant country of origin, help assess this.
Communication and Availability
A representative who communicates clearly, responds promptly, explains matters in language the claimant understands and keeps the claimant informed about developments in the case is easier to work with.
Comfort and Trust
Personal and sensitive information will be shared with the representative, so feeling comfortable and trusting them is important. If confidence or comfort is not felt with someone after an initial consultation, continuing to search for another representative is advisable.
Professional Credentials
A lawyer's licence is verified through the directory of the provincial or territorial law society, and an RCIC's licence through the public register of the College of Immigration and Citizenship Consultants. Both show current standing and any disciplinary history. IRCC's page on authorized representatives links to each of these registers.