• Research Areas
• Publications
• New Releases
• Research Reports
• by Subject
• by Title
• Advanced Search
• JustResearch
• Fact Sheets
• Site Map
• Contact Us

PDF

Next Page

TABLE OF CONTENTS

Executive Summary

1. Introduction

1.1 Methodology

2. Background issues

2.1 "Right to counsel" in immigration and refugee matters

2.2 Jurisdictional issues relating to legal aid in immigration matters

2.3 Legal aid coverage for immigration and refugee matters

2.4 Service delivery models for legal aid

2.5 Tariff variations

3. Need for representation

3.1 Admissibility and eligibility interviews

3.2 Refugee determination proceedings

3.2.1 Preparation for refugee hearings

3.2.2 Refugee hearings

3.2.3 Expedited process interviews

3.2.4 Post-determination proceedings for failed refugee claimants

3.3 Detention reviews

3.4 Immigration inquiries

3.5 Immigration appeals

3.6 Summary

4. Special needs

4.1 Women

4.2 Minors

4.3 Persons with problems regarding mental capacity

4.4 Victims of torture and other special needs groups

4.5 An effective approach to providing designated representatives

5. Interpretation and representation

5.1 The challenges of presenting cases through interpreters

5.2 The relationship between counsel and interpreters

6. Knowledge and sophistication of persons concerned

6.1 Refugee claimants

6.2 Participants in other processes

6.2.1 Detainees

6.2.2 Persons at immigration inquiries

6.2.3 Appellants

6.2.4 Participants in post-determination proceedings

7. Sources of information

7.1 Information sources for refugee claimants

7.2 Information sources with regard to other processes

8. Access to representation

9. Quality of representation

10. Factors influencing clients' choice of representatives

11. Desire for an integrated approach to service delivery

12. Representation and fairness of processes

12.1 Ensuring fairness for persons without representation

13. Impact of representation on efficiency of processes

14. Conclusion

References

Cases

Statutes

Regulations

Interviews and personal communications

List of Tables

Table 1 Assistance or Representation Needed for Admissibility and Eligibility Interviews

Table 2 Type of Representation Required to Prepare for Refugee Hearings

Table 3 Type of Representation Required for Refugee Hearings

Table 4 Type of Representation Required for Expedited Process Interviews

Table 5 Type of Representation Required for Post-Determination Proceedings at CIC

Table 6 Assistance or Representation Needed for Detention Reviews

Table 7 Assistance or Representation Needed for Immigration Inquiries

Table 8 Representation Needed for Immigration Appeals

Table 9 Respondents' Assessment of Special Representation Needs - Women

Table 10 Respondents' Assessment of Special Representation Needs - Minors

Table 11 Respondents' Assessment of Special Representation Needs - Mentally Disabled

Table 12 Respondents' Assessment of Special Representation Needs - Torture Victims and Others

Table 13 Service Providers' Assessment of Claimants' General and Detailed Knowledge about Claiming Refugee Status

Table 14 Immigration Officers' Assessment of Claimants' General and Detailed Knowledge about Claiming Refugee Status

Table 15 Claimants' Assessment of Their Own General and Detailed Knowledge about Claiming Refugee Status

Table 16 Respondents' Assessment of Detainees' Knowledge Regarding the Detention Review Process

Table 17 Assessments of Appellants' Knowledge

Table 18 Pre-claim Information Sources

Table 19 Refugee Claimants' Access to Representation

Table 20 Client Ranking of Factors Influencing Choice of Representative

List of Appendices

Appendix 1 Interview Guide - Claimants, Appellants, Detainees, etc.

Appendix 2 Interview Guide - Service Providers

Appendix 3 Interview Guide - Hearing Participants

Appendix 4 Interview Guide - CIC Managers

Appendix 5 Interview Guide - IRB Managers

Appendix 6 Interview Guide - Legal Aid Managers

Next Page