Representation for Immigrants and Refugee Claimants
Appendix 3 Interview Guide - Hearing Participants (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 interviewer 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 have any problems regarding access to required assistance and/or representation?
- 2.5 In your opinion, do persons pursuing sponsorship appeals have any problems regarding access to required assistance and/or representation?
- 2.6 In your opinion, do immigrants and refugees 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 failed refugee claimants pursuing post-determination administrative appeals [PDRCC and/or H&C under the present Act] 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 paralegal 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.