Representation for Immigrants and Refugee Claimants
Appendix 2 Interview Guide - Service Providers (continued)
Questions for all service providers (continued)
2. Access to representation
The following questions link back to the responses respondents have given to the preceding set of questions. Again, respondents are expected to reply only with respect to processes in which they have direct experience. Where necessary, interviewers should adapt the questions to clarify the link to the preceding responses. For example, the interview might make specific reference to a particular need for assistance or representation as identified by the respondent and then ask whether the subjects of the proceedings in question have any problems accessing that assistance or representation.
- 2.1 In your opinion, do refugee claimants have any problems regarding access to required assistance and/or representation?
- 2.2 In your opinion, do persons detained under the provisions of the Immigration Act have any problems regarding access to required assistance and/or representation?
- 2.3 In your opinion, do persons who are the subject of immigration inquiries have any problems regarding access to required assistance and/or representation?
- 2.4 In your opinion, do persons appealing removal orders before the IAD have any problems regarding access to required assistance and/or representation?
- 2.5 In your opinion, do persons pursuing sponsorship appeals before the IAD have any problems regarding access to required assistance and/or representation?
- 2.6 In your opinion, do persons pursuing judicial review applications in the Federal Court have any problems regarding access to required assistance and/or representation?
- 2.7 In your opinion, do persons pursuing post-determination appeals with CIC [PDRCC and H&C] have any problems regarding access to required assistance and/or representation?
3. Required qualifications
The following questions should be addressed, as appropriate, to respondents who have identified needs for assistance and/or representation that persons who are the subject of any of the four processes (refugee determination, detention review, immigration inquiry, immigration appeals, as the case may be) may have. Again, for clarity, interviewers should adapt the questions as appropriate to link them to specific responses to the first set of questions.
- 3.1 [Interviewers should preface the following question by indicating that they will be asking the respondent to comment on the qualities and or qualifications required for people who assist and represent immigrants and refugees in different proceedings and at different stages in those proceedings. Interviewers should indicate that respondents need not comment on proceedings with which they are unfamiliar.] What qualities (qualifications) should persons have in order to provide the sort of assistance and/or representation that you believe is needed by:
- persons involved in eligibility or admissibility interviews?
- refugee claimants to prepare their case?
- refugee claimants in relation to the expedited process?
- refugee claimants at their refugee status determination hearing?
- refugee claimants in relation to post-determination processes conducted by CIC?
- immigrants and refugee claimants in relation to judicial review applications and proceedings?
- persons detained under provisions of the Immigration Act in relation to detention reviews?
- persons who are the subject of immigration inquiries?
- persons pursuing immigration appeals?
- 3.2 Where do you see the skills of lawyers being most effectively employed? Are there any aspects of the various proceedings affecting immigrants and refugee claimants for which assistance from or representation by lawyers is essential?
- 3.3 Where do you see the skills of paralegals being most effectively employed? Are there any aspects of the various processes for which paralegals can provide effective assistance or representation? In your opinion, are there any circumstances in which paralegals can provide assistance and/or representation more effectively than lawyers?
- 3.4 What role, if any, do you see being played by persons without legal training with regard to assisting and/or representing immigrants and refugee claimants in the various proceedings in which they are involved?
4. Special needs (women, unaccompanied minors, mentally disabled and others)
The following questions are directed to eliciting information from respondents regarding the special needs of particular sub-groups - women, unaccompanied minors and mentally disabled persons involved in immigration and refugee proceedings. Where possible, interviewers should ask respondents to describe in generic terms instances or cases of which they are aware that illustrate the special representation needs of the three groups. Interviewers should also ask respondents if they are aware of any other sub-groups with special representation needs.
5. Clients' knowledge
The following questions parallel questions being asked of individual immigrants and refugee claimants. They are directed to eliciting the insights of respondents with respect to the level of knowledge of immigrants and refugee claimants at the time they contacted the respondent or the respondent's organization.
- 5.1 [Interviewers should preface the following question by indicating to the respondent that we are interested in hearing the respondent's assessment regarding refugee claimants' knowledge about the processes in which they are involved. Indicate that we are interested in the respondent's assessment with regard to refugee claimants in general, rather than with regard to individual clients or individual cases.] When refugee claimants first contact you (your organization) for assistance:
- What do they know about the possibility of claiming refugee status in Canada?
- What do they know about the procedures and legal requirements with respect to making a refugee claim?
- What do they know about obtaining counsel?
- What has led them to contact you (your organization)?
- Who might they have obtained information from before they contacted you (your organization)?
- 5.2 [Interviewers should preface the following question by indicating to the respondent that we are interested in hearing the respondent's assessment regarding detainees' knowledge about the processes in which they are involved. Indicate that we are interested in the respondent's assessment with regard to detainees in general, rather than with regard to individual clients or individual cases.] When persons being detained by immigration authorities first contact you (your organization) for assistance:
- What do they know about the reasons why they have been detained?
- What do they know about the procedures and legal requirements relating to review of their detention?
- What do they know about obtaining counsel?
- What has led them to contact you (your organization)?
- Who might they have obtained information from before they contacted you (your organization)?
- 5.3 [Interviewers should preface the following question by indicating to the respondent that we are interested in hearing the respondent's assessment regarding knowledge of persons who are the subject of immigration inquiries about the processes in which they are involved. Indicate that we are interested in the respondent's assessment with regard to persons who are the subject of immigration inquiries, in general rather than with regard to individual clients or individual cases.] When persons who are subject to immigration inquiries first contact you (your organization) for assistance:
- What do they know about the purpose and potential consequences of the immigration inquiry?
- What do they know about the procedures and legal requirements relating to the immigration inquiry?
- What do they know about obtaining counsel?
- What has led them to contact you (your organization)?
- Who might they have obtained information from before they contacted you (your organization)?
- 5.4 [Interviewers should preface the following question by indicating to the respondent that we are interested in hearing the respondent's assessment regarding appellants' knowledge about the processes in which they are involved. Indicate that we are interested in the respondent's assessment with regard to appellant in general, rather than with regard to individual clients or individual cases.] When persons who are pursuing or contemplating pursuit of an immigration appeal first contact you (your organization) for assistance:
- What do they know about the decision to be appealed?
- What do they know about the procedures and legal requirements relating to the immigration appeal?
- What do they know about obtaining counsel?
- What has led them to contact you (your organization)?
- Who might they have obtained information from before they contacted you (your organization)?
- 5.5 [Interviewers should preface the following question by indicating to the respondent that we are interested in hearing the respondent's assessment regarding the knowledge failed refugee claimants have regarding post-determination recourse, including judicial review, PDRCC and H&C appeals. Indicate that we are interested in the respondent's assessment with regard to failed refugee claimants in general, rather than with regard to individual clients or individual cases.] When unsuccessful refugee claimants receive notice that their claim has been rejected:
- What do they know about possibilities to have the decision judicially reviewed?
- What do they know about the possibilities of filing a PDRCC application or an H&C appeal?
- What do they know about the procedures and legal requirements relating to judicial review, PDRCC and H&C appeals?
- What do they know about obtaining counsel for these proceedings?