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Legal Services Society

Legal Services Society . Navigating the Sea of Change Refugee Lawyers Group February 8, 2013 . Applying for Legal Aid . Specialized intake workers New legal aid immigration intake phone line Port of entry Apply as soon as possible 15 days to complete a BOC

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Legal Services Society

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  1. Legal Services Society Navigating the Sea of Change Refugee Lawyers Group February 8, 2013

  2. Applying for Legal Aid • Specialized intake workers • New legal aid immigration intake phone line • Port of entry • Apply as soon as possible • 15 days to complete a BOC • Counsel must be available on hearing date (45 days or 60 days) • Inland applications • Claimants should apply before attending at CIC (before submitting CIC forms and BOC)

  3. Refugee claims volumes and approval rates • Since 09/10 the number of refugee claims cases has decreased substantially – high of 1,200 applications for legal aid to less than an anticipated 500 this fiscal year • Approval rate for BOC applications is about 80% • Refusals of coverage are automatically reviewed internally by case management staff • In addition person can request a review of a refusal of a legal aid application (in writing) at any time

  4. Billing for refugee referrals • LSS Guide to Legal Aid Tariffs • http://www.legalaid.bc.ca/lawyers/tariffGuide/immigration/ • Immigration Tariff • Select the version of the chapter that applies to the date of assignment on your referral. • On or after December 15, 2012(BOC claims) • Before December 15, 2012 (PIF claims) Appeals Tariff • http://www.legalaid.bc.ca/assets/lawyers/tariffGuide/appeals/appealsTariffDec2012.pdf

  5. Immigration tariff • Refugee Claims (BOC) • Up to 16 hours general preparation • Up to 10 hours interpreter time • Actual attendance at hearing • Up to $371 for translations • Completion of CIC forms • Tariff was not designed with competition of CIC forms included • Options: • Administrative staff (under supervision) • Interpreters (under supervision) • NGO form completion clinics (draft of CIC forms – reviewed by counsel)

  6. Persons in detention: summary advice • If a person contacts LSS by phone from detention LSS will provide very basic telephone legal advice • Those detained inland are required to complete a BOC right away • BOCs are completed with the assistance of an interpreter - person usually does not have counsel • Person may not have actually applied for legal aid

  7. Persons in detention: legal aid referrals • Once a referral is made for a refugee claim counsel may need to amend the BOC if completed at CBSA • Our CBSA contact is Kent Zarrelli -counsel can reach him at 604.666.0042 to find out where claimants are detained. •  if counsel gets a call from person in detention call LSS to see if case has already been assigned – avoid change of counsel

  8. LSS duty counsel program-detention • Attend at Library Square at 9 am –LSS e mails list of hearings the afternoon before • To locate interpreters call the interpreter’s room (604) 666-5910 • Provide legal advice to detainees • Represent persons at detention hearings • 30 day reviews- if there has been a change in circumstances that might lead to release • If the Minister is consenting to a release, do not attend the detention review hearing, unless there are exceptional circumstances that require counsel’s attendance. • Contact dutycounsel@lss.bc.ca if: • a matter is put over to another date, and you have information that would be helpful to the duty counsel acting on that date- LSS will forward e mail to scheduled duty counsel • duty counsel wants a referral to represent a person at their next detention review • Duty counsel believes a second counsel is required for a particular day

  9. Duty Counsel: Taking legal aid applications Please assist LSS by completing a legal aid application form and faxing it in to intake or by calling LSS immigration intake line. Immigration legal aid application form available at CBSA or on line- Duty Counsel Tariff- Appendix 5

  10. Best Practices For Representing Clients At Detention Review HearingsTo request a copy contact lawyersresources@lss.bc.ca

  11. RAD applications • RPD counsel-provide an opinion regarding the merit of a RAD appeal if requested by LSS or if in counsel’s view the case is likely to succeed and the final result would benefit client • Send a copy of the decision to LSS appeals • LSS preference is for counsel at RPD to act as counsel on the RAD • Responding to Ministers appeals most likely will be covered • Can apply for legal aid after receiving oral decision however LSS might need to wait to review a copy of the written reasons • RAD approvals through LSS appeals department • Bill in accordance with LSS appeals tariff

  12. Judicial reviews and other post claim relief • Applications have increased • Apply to LSS appeals department • Bill in accordance with Appeals Tariff • Check authorizations on referral

  13. E- billing and authorizations • E authorizations introduced in January 2013 • Use this to request authorization for disbursements (other than transcripts) • Response from LSS is by email • New phone number for questions about tariff services (now called lawyer services) • 1-888-401 6206 • For more information see January Legal Aid Brief on the LSS website

  14. Update on Sun Sea Cases • LSS continues to fund some refugee claims at the RPD • Judicial Reviews of refugee claims ( positive and negative decisions) • Interpretation of section 37 (1) b) IRPA – “people smuggling” before the FCA • Interpretation of section 117 (1) “organizing entry into Canada”

  15. Anticipated legal challenges • PRRA and H&C one year ( or 36 month) bar • Procedural fairness re: extensions to file BOCs, request for hearing postponements, abandonment proceedings, time lines • Reopening grounds limited • Designated countries of origin regime • Designated Foreign Nationals – detention • RAD- limited access, standard of review, RAD- asymmetrical regime (minister as appellant compared to claimant as appellant)

  16. Information Sharing • Circulate information by e mail • LSS hidden website for Sun Sea arrivals is no longer being maintained • Ontario Refugee Lawyers Association • Canadian Association of Refugee Lawyers (CARL)

  17. Public legal education materials • Completed: • Flow chart • Book mark • Possible: • translations of BOC • Refugee claim guide • Self representation kits

  18. LSS contact information-intake (applications) • By phone • Legal aid immigration line (specialized intake workers) • 604-601-6076 • 1-888-601-6076 • In person • Vancouver legal aid office • Suite 425 510 Burrard Street • Vancouver E-mail • Immigration.intake@lss.bc.ca Hours: • 8:30 to 4:30 • except Wednesday 8:30 to 12:30

  19. LSS contact information-appeals • Phone • 604-601-6085 • Email • helpdesk.appeals@lss.bc.ca • Fax • 604-682-0956

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