Representation for Immigrants and Refugee Claimants

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Appendix 3 Interview Guide - Hearing Participants

General Introduction

At the outset of each interview, the interviewer should make it clear to each respondent that the study is being undertaken to gather information on the representation needs and services currently available to immigrants and refugee claimants. Indicate that we are interested in the respondent's perspective as someone who participates in an official capacity in hearings and interviews involving immigrants and refugee claimants. Explain to respondents that all responses will be treated anonymously and will not be linked to them in any way unless the comments are made expressly for attribution.

The identity of individual respondents should not be recorded on interview notes. Interviewers should simply indicate the nature of the respondent's position, for example, as a CRDD member, an immigration officer, an adjudicator or a refugee claims officer, etc. If interviewers want to tape interviews for their personal reference in reviewing their interview notes, they should first obtain the respondents' express consent. Any tape recordings are for interviewers' personal use only and do not form part of the documentation for the project.

The interviewer should clarify that questions are designed to gather information on the following matters:

• Whether immigrants and refugee claimants need any form of assistance and /or representation in connection with the proceedings under the Immigration Act (and the new Immigration and Refugee Protection Act).
  
• Aspects of the various proceedings with respect to which immigrants and refugee claimants are likely to need assistance and/or representation.
  
• The sort of assistance and/or representation they require.
  
• Access to that assistance and /or representation.
  
• Special representation needs of particular sub-groups of immigrants and refugee claimants, such as women, unaccompanied minors and persons who are mentally disabled.
  
• Knowledge on the part of immigrants and refugee claimants about the processes in which they are involved when they first contacted the respondent.
  
• Respondents' overall assessment of different modes for providing required representation for immigrants and refugee claimants.
  
• Role of lawyers and non-lawyers in delivery of assistance and/or representation and the necessary qualifications of people providing these services.

1.  Need for Representation

The following questions are directed to eliciting the respondent's opinions with respect to the representation needs of immigrants and refugee claimants. Parallel questions are set for each of the major processes in which immigrants and refugees may be involved. Questions are directed to respondents according to the particular processes in which they are involved. In most cases, individual respondents are to be questioned only in relation to one process. However, respondents who have direct experience in more than one process may be questioned with respect to each of the processes in which they have direct experience.

1.1 Initial Interviews with CIC Officials

• 1.1.1 In your opinion, do refugee claimants need assistance of a representative at eligibility interviews conducted by CIC officials? Please elaborate as to why representation is or is not necessary for eligibility interviews.

  If respondent indicates that some form of assistance or representation is required

  • 1.1.1.1 What sort of representation do refugee claimants need at eligibility interviews?
• 1.1.2 In your opinion, do foreign nationals need assistance of a representative at admissibility interviews conducted by CIC officials? Please elaborate as to why representation is or is not necessary for admissibility interviews.

  If respondent indicates that some form of assistance or representation is required

  • 1.1.2.1 What sort of representation do foreign nationals need at admissibility interviews?

1.2 Refugee status determination proceedings

• 1.2.1 In your opinion, do refugee claimants need any form of assistance or representation for refugee status determination proceedings conducted by the IRB? Please elaborate as to why assistance and/or representation is or is not needed for refugee status determination proceedings.

  If respondent indicates that some form of assistance or representation is required

  • 1.2.1.1 What sort of assistance and/or representation do you think refugee claimants need to prepare for their refugee status determination hearing?
    • Basic information about the process
      
    • Advice on how to present their case
      
    • Assistance in preparing their case (e.g., research, drafting required documents)
      
    • Other (specify)
  • 1.2.1.2 What sort of assistance and/or representation do you think refugee claimants need at interviews conducted by refugee claims officers to assess whether the claim is suitable for determination without a hearing?
    • Representation at the interview
      
    • Advice after the interview to explain implications of the decision and next steps
      
    • Other (specify)
  • 1.2.1.3 What sort of assistance and /or representation do you think refugee claimants require at their refugee status determination hearing?
    • Representation at the hearing
    • Advice after their hearing to explain implications of the decision and next steps
    • Other (specify)

1.3 Judicial review proceedings

• 1.3.1 In your opinion, do immigrants or refugee claimants require any form of assistance and/or representation in relation to judicial review proceedings before the Federal Court? Please elaborate as to why assistance and/or representation is or is not needed for judicial review proceedings.

  If respondent indicates that some form of assistance or representation is required

  • 1.3.1.1 What sort of assistance and /or representation do you think immigrants or refugee claimants need to prepare judicial review applications?
    • Basic information about the process
    • Advice on how to present their case
    • Assistance in preparing their case (e.g., research, drafting required documents)
    • Other (specify)
  • 1.3.1.2 What sort of assistance and/or representation do you think immigrants or refugee claimants need at judicial review hearings?
    • Representation at the hearing
    • Advice after their hearing to explain implications of the decision and next steps
    • Other (specify)

1.4 Other post-determination proceedings for failed refugee claimants

• 1.4.1 In your opinion, do failed refugee claimants require any form of assistance and/or representation in post-determination proceedings conducted by CIC (i.e., PDRCC, humanitarian and compassionate appeals, and [under the new Act] pre-removal risk assessments)? Please elaborate as to why assistance and/or representation is or is not needed for these post-determination proceedings.

  If respondent indicates that some form of assistance or representation is required

  • 1.4.1.1 What sort of assistance and/or representation do you think failed refugee claimants need to prepare applications for post-determination proceedings?
    • Basic information about the process
    • Advice on how to present their case
    • Assistance in preparing their case (e.g., research, drafting required documents)
    • Other (specify)
  • 1.4.1.2 What sort of assistance and/or representation do you think failed refugee claimants require at hearings or interviews conducted in connection with post-determination proceedings?
    • Representation at the hearing
    • Advice after their hearing to explain implications of the decision and next steps
    • Other (specify)

1.5 Detention review proceedings

• 1.5.1 In your opinion, do persons detained under provisions of the Immigration Act need any form of assistance or representation for detention review hearings conducted by IRB adjudicators? Please elaborate as to why assistance and/or representation is or is not needed for detention review hearings.

  If respondent indicates that some form of assistance or representation is required

  • 1.5.1.1 What sort of assistance and/or representation do you think persons detained under provisions of the Immigration Act need to prepare for detention review hearings?
    • Basic information about the process
    • Advice on how to present their case
    • Assistance in preparing their case (e.g., research, drafting required documents)
    • Other (specify)
  • 1.5.1.2 What sort of assistance or representation do you think persons detained under provisions of the Immigration Act need at detention review hearings?
    • Representation at the hearing
    • Advice after their hearing to explain implications of the decision and next steps
    • Other (specify)

1.6 Immigration Inquiries

• 1.6.1 In your opinion, do persons who are the subject of immigration inquiries conducted by IRB adjudicators need any form of assistance and/or representation for the immigration inquiry? Please elaborate as to why representation is or is not needed for immigration inquiries.

  If respondent indicates that some form of assistance or representation is required

• 1.6.2 What sort of assistance and/or representation do you think persons who are the subject of an immigration inquiry need to prepare for the inquiry hearing?
  • Basic information about the process
  • Advice on how to present their case
  • Assistance in preparing their case (e.g., research, drafting required documents)
  • Other (specify)
• 1.6.3 What sort of assistance and/or representation do you think persons who are the subject of an immigration inquiry need at the inquiry hearing?
  • Representation at the hearing
  • Advice after their hearing to explain implications of the decision and next steps
  • Other (specify)

1.7 Immigration appeals

• 1.7.1 In your opinion, do persons who are pursuing immigration appeals before the Immigration Appeal Division of the IRB need any form of assistance and/or representation for the immigration appeal? Please elaborate as to why representation is or is not needed for immigration appeals. Is there any difference as between removal appeals and sponsorship appeals?

  If respondent indicates that some form of assistance or representation is required

  • 1.7.1.1 What sort of assistance and/or representation do you think appellants need to prepare an immigration appeal? Is there any difference as between removal appeals and sponsorship appeals?
    • Basic information about the process
    • Advice on how to present their case
    • Assistance in preparing their case (e.g., research, drafting required documents)
    • Other (specify)
  • 1.7.1.2 What sort of assistance or representation do you think appellants need at appeal hearings before the IAD? Is there any difference as between removal appeals and sponsorship appeals?
    • Representation at the hearing
    • Advice after their hearing to explain implications of the decision and next steps
    • Other (specify)
• 1.7.2 Do appellants need any form of assistance or representation in connection with alternative dispute resolution processes used by the IAD? Please elaborate.

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