An Analysis of Immigration and Refugee Law Services in Canada

COVERAGE OF IMMIGRATION AND REFUGEE LAW ISSUES
Stage Activity Legal Aid Coverage
Port of Entry S. 20 Admissibility Interviews No
Eligibility Determinations No
Inland Claims S. 27 Inland Violations of the Act Yes, subject to opinion.
Eligibility Determinations Yes, subject to opinion.
  • Applicants found eligible will generally be covered for the subsequent refugee claim.
  • Applicants found ineligible will generally go to a legal opinion.
Convention Refugee Determination Division Personal information form preparation Yes, subject to opinion.
Determination Hearings (preparation and attendance) Yes, subject to opinion.
Other Hearings (preparation and attendance) Yes, subject to opinion.
Immigration Appeals Division Appeals Yes, subject to opinion.
  • Family sponsorship is generally not covered.
  • For humanitarian applications, an opinion would be sought.
Adjudication Immigration Inquiries Yes, subject to opinion.
Detention Hearings (first and other instances) Yes, subject to opinion. Coverage may depend on the stage of the process (e.g., if all that remains is a hearing to determine the date of deportation, legal aid may not become involved).
Humanitarian/Compassionate Applications Yes, subject to opinion.
  • Cases at this stage have often been covered at previous stages, so coverage may simply be extended.
PDRCC Applications Yes, subject to opinion.
  • These applications are often done at the same time as applications to Federal Court. Even if merit has not yet been established, the lawyer who handled the initial IRB hearing will often fill out the PDRCC form, since it is relatively straightforward. The Immigrant Services Co-ordinator will also help complete these forms.
Danger Opinions* Submissions to the Minister Yes, subject to opinion.
  • Covered in most circumstances.
Federal Court Judicial Review and Appeals Yes, subject to opinion.
  • Covered in most circumstances.
Federal Court Judicial Review and Appeals Yes, subject to opinion.
  • Covered in most circumstances.
Supreme Court Appeals Yes, subject to opinion.
  • Covered in most circumstances.
Appeals to International Tribunals Yes, subject to opinion.

* Formerly Appeals to Citizenship and Immigration Minister.