Representation for Immigrants and Refugee Claimants

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Appendix 5 Interview Guide - IRB Managers

1. General questions

• 1.1 In your opinion, does the presence or absence of representation for persons involved in immigration and refugee proceedings have any impact on IRB operations in your region? Please elaborate.
• 1.2 Are there any changes that you would like to see with respect to availability of representation for immigrants and refugee claimants in your region? Please elaborate.
• 1.3 [Interviewers should preface this question by indicating that they are about to ask respondents for their views with respect to the quality, effectiveness and utility of service provided by different groups of service providers. Indicate that the same question will be asked with respect to each group of service providers.] Do you have any comments on the work of the following service providers?
  • Immigration and refugee lawyers in private practice
    
  • The Refugee Law Office (if Ontario)
    
  • Supervised paralegals
    
  • Paid immigration consultants
    
  • Paid staff at NGOs
    
  • Volunteers at NGOs
    
  • UNHCR
• 1.4 [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?
• 1.5 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?
• 1.6 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?
• 1.7 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?

2.  Questions re: Proceedings in Adjudication Division

• 2.1 Do you have any information on the number of detention review cases (number of detainees) you have had in your region in each of the past three years?
• 2.2 Do you know the rough breakdown of these cases in terms of reasons for detention and at what stage in immigration or refugee proceedings the persons concerned were when they were detained?
  • Refugee claimants - to establish identity
    
  • Refugee claimants - flight risk
    
  • Refugee claimants - security risk
    
  • Pending removal (including failed refugee claimants) - flight risk
    
  • Pending removal (including failed refugee claimants) - security risk
• 2.3 Do you have any information on the number of persons concerned who had some form of representation at their detention review hearings?
• 2.4 In your opinion, is there any need for the persons concerned to have any form of representation at detention review hearings?
• 2.5 In your experience, does the presence of a representative for the person concerned at detention review hearings make any difference to the way in which the hearings are run and to the outcome of the hearings?
• 2.6 Do you have any information on the number of immigration inquiries held in your region in each of the past three years?
• 2.7 Do you have any information on the number of persons concerned who had some form of representation at their immigration inquiry?
• 2.8 In your opinion, is there any need for the persons concerned to have any form of representation at immigration inquiries?
• 2.9 In your experience, does the presence or absence of a representative for the person concerned at an immigration inquiry make any difference to the way in which the inquiry is run and to the outcome of the inquiry?
• 2.10 Do you anticipate any changes in the number of immigration inquiries and detention reviews in your region as a result of implementation of the new Immigration and Refugee Protection Act?

3.  Questions re: Refugee claims

• 3.1 Do you have any information on the number of refugee claims referred to and heard in your region in each of the past three years?
• 3.2 Is the information obtained by immigration officers in your region for purposes of determining eligibility of refugee claimants to have claims determined by the IRB shared with IRB? In what form is that information shared?
• 3.3 In your opinion, is there any need for refugee claimants to have any form of representation in relation to the refugee determination process?
• 3.4 Do you have any information on the number of claimants who had some form of representation at their refugee hearing?
• 3.5 In your experience, does the presence or absence of a representative for the claimant at a refugee hearing make any difference to the way in which the hearing is run and to the outcome of the hearing?
• 3.6 In your experience, does the presence or absence of a representative for the claimant at expedited interviews make any difference to the way in which the hearing is run and to the outcome of the interview?
• 3.7 Do you anticipate any changes in the number of refugee claims that will be referred in your region as a result of implementation of the new Immigration and Refugee Protection Act?

4.  Questions re: Immigration appeals

• 4.1 Do you have any information on the number of refugee claims referred to and heard in your region in each of the past three years?
• 4.2 Do you have any information on the number of appellants who had some form of representation at their refugee hearing?
• 4.3 In your opinion, is there any need for appellants to have any form of representation in relation to the immigration appeal process?
• 4.4 In your experience, does the presence or absence of a representative for the appellants at appeal hearings make any difference to the way in which the hearing is run and to the outcome of the hearing?
• 4.5 In your experience, does the presence or absence of a representative for the appellants at case settlement conferences make any difference to the way in which the conference is run and to the outcome of the hearing?
• 4.6 Do you anticipate any changes in the number of immigration appeals in your region as a result of implementation of the new Immigration and Refugee Protection Act?

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