Finding a Lawyer or RCIC
A qualified representative is essential for your refugee claim. You can be represented by either a refugee lawyer or a Regulated Canadian Immigration Consultant (RCIC). Both are qualified to help you with your claim.
Ways to find a lawyer or RCIC include:
- 1.Legal aid: Provincial legal aid offices provide free or low-cost representation and can be contacted for assistance
- 2.Refugee advocacy organizations: Many NGOs provide legal clinics or referrals to lawyers
- 3.Law school clinics: University legal clinics often provide free services
- 4.Private lawyers: Some refugee lawyers work on contingency or reduced fees
- 5.Bar association directory: Your provincial law society maintains lists of lawyers and their practices
Many lawyers offer free initial consultations. Use this to assess whether you feel comfortable working together before committing.
What to Bring to Your Meeting
All documents related to the refugee claim and situation should be brought:
Identity and Travel Documents
- Passport or national ID card
- Travel visas or entry stamps
- Birth certificate
- Marriage certificate or divorce papers
Refugee Claim Documents
- Your IRCC referral letter
- All letters or notices from IRCC or the IRB
- Your claim form and supporting documents you submitted
Evidence of Your Story
- Police reports or arrest records
- Medical or psychological reports
- Photos of injuries or harm
- Letters from organizations in your country
- News articles about your country
Current Status Documents
- Your work permit or other authorization
- Proof of your address in Canada
- Evidence of family connections in Canada
Financial Documents
- Pay stubs if you are working
- Bank statements
- Evidence of financial support
Originals and copies should be brought. The lawyer may retain copies for the file. If all documents are not available, bringing what is available and explaining what is missing is advisable.
What to Discuss with Your Lawyer
Your first meeting should cover these key topics:
- •Your story: Tell your lawyer about your situation and why you need protection
- •Your evidence: Review what documents you have and what additional evidence might be helpful
- •Your timeline: Discuss when your hearing is scheduled and how much time you have to prepare
- •Strengths and weaknesses: Your lawyer should give honest feedback about your case
- •Strategy: Discuss how your lawyer plans to present your case at the hearing
- •What happens next: Clarify the steps and timeline for preparing your case
Understanding Costs and Fees
Different types of representation have different costs:
Legal Aid
Legal aid is free or low-cost representation through your provincial legal aid office. You may be eligible if you have low income.
Contingency Basis
Some lawyers work on contingency, meaning they take payment only if your case is successful. This reduces upfront costs but may involve paying a percentage of any benefits received.
Hourly Fees
Lawyers may charge hourly rates. Ask about the hourly rate and get an estimate of how many hours your case might require.
Fixed Fees
Some lawyers charge a fixed fee for refugee claim representation. Ask what services are included in this fee.
Always ask about fees and get a clear agreement in writing before hiring a lawyer. Ask what costs are included and what additional expenses you might incur.
Example First Meeting Conversation
This shows language such as what you might discuss during your first meeting with a lawyer.
Lawyer:
"Thank you for coming in. Before we start, I want to explain attorney-client privilege. Everything you tell me is confidential and protected. I can only share information if you allow me or if there is a safety concern. Do you have any questions about that?"
Language such as:
"I understand. Everything I tell you stays confidential."
Lawyer:
"Good. Now, can you tell me your story? Start from the beginning and explain why you believe you need protection in Canada."
Language such as:
"I come from [country]. I am a political activist and was involved in peaceful protests against the government. The government considered this dangerous, and I was arrested and detained. I was tortured during detention. I am afraid if I return, I will be arrested again and may be killed. This is why I am claiming protection in Canada."
Lawyer:
"I am sorry you went through that. I have some questions to help me better understand. When exactly were you arrested, and what happened during your detention?"
Language such as:
"I was arrested in March 2023, after attending a large protest. They held me for five days without charging me. During that time, they beat me because they said I was an enemy of the state. I still have scars. I was released because my family paid a bribe to an officer."
Establishing Your Working Relationship
At the end of your first meeting, clarify the working relationship:
- •Representation agreement: The lawyer should provide a written agreement outlining what they will do, costs, and your responsibilities
- •Communication method: Agree on how you will communicate (phone, email, in-person meetings)
- •Meeting frequency: Schedule your next meeting and discuss how often you will meet before your hearing
- •Tasks and deadlines: Understand what documents the lawyer needs and when they are needed
- •Your responsibilities: Understanding what is necessary to do (gather documents, attend meetings, etc.) is important
Questions You Should Ask
Before the meeting ends, ask these important questions:
- ?"What is your experience with cases like mine?"
- ?"What are the strengths and weaknesses of my case?"
- ?"What is your overall strategy for presenting my case?"
- ?"What additional evidence would be helpful?"
- ?"What should I do to prepare for my hearing?"
- ?"What are the possible outcomes of my case?"
- ?"What happens if my claim is rejected?"
- ?"Can you explain the fees and what they include?"
After Your First Meeting
After the meeting, it is advisable to:
- 1.Review the representation agreement: Read it carefully and keep a copy for your records
- 2.Gather requested documents: Start collecting the documents your lawyer requested
- 3.Prepare written timeline: If your lawyer requested it, prepare a detailed timeline of events with dates
- 4.Keep communication open: If you remember important information or have questions, contact your lawyer
- 5.Maintain confidentiality: Do not share details of your case with others unless necessary
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. Your relationship with your lawyer is confidential and governed by attorney-client privilege. For specific legal advice, consult directly with your lawyer or RCIC.