Representation for Immigrants and Refugee Claimants
Appendix 3 Interview Guide - Hearing Participants (continued)
5. Knowledge of process on part of persons concerned
The following questions are directed to eliciting the insights of respondents with respect to the level of knowledge of immigrants and refugee claimants regarding the proceedings in which they were involved, at the time of their first contact with the respondent. The questions are adapted to the different groups of respondents to reflect the different stages in the various proceedings at which respondents have first contact with immigrants and refugee claimants.
- 5.1 Questions for immigration officers
- 5.1.1 [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 cases.] When you interview refugee claimants for purposes of determining whether they are eligible to have their claims referred to the IRB:
- 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?
- 5.2 Questions for IRB adjudicators
- 5.2.1 [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 detainees or individual cases.] When persons who are detained by immigration authorities appear for their first detention review hearing:
- 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?
- 5.2.2 [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 subjects of immigration inquiries first appear for the inquiry:
- 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?
- 5.3 Questions for IRB members. RCOs, hearings officers and UNHCR legal officers
- 5.3.1 [Interviewers should preface the following questions 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.]
- 5.3.1.1 When refugee claimants submit their PIFs to the IRB, what do they know about the procedures and legal requirements with respect to making a refugee claim?
- 5.3.1.2 When refugee claimants appear for the hearing into their claim [or for the expedited process interview], what do they know about the procedures and legal requirements with respect to making a refugee claim?
- 5.4 Questions for IAD members
- 5.4.1 [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 appellants in general, rather than with regard to individual appellants or individual cases.] When persons who are pursuing an immigration appeal first appear for their appeal hearing [or for a settlement conference]:
- 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?
6. Impact of representation
The following questions are intended for IRB and CIC personnel who participate directly in IRB hearings. UNHCR legal officers may also be in a position to respond based on their experience as observers at IRB proceedings. Interviewers should question respondents only with respect to proceedings in which they have direct experience.
- 6.1.1 What difference, if any, does it make when refugee claimants are represented, as opposed to when they are not represented at refugee status determination hearings (or expedited interviews)?
- 6.1.2 What difference, if any, does it make when detained persons who are being detained under provisions of the Immigration Act are represented, as opposed to when they are not represented at detention review hearings?
- 6.1.3 What difference, if any, does it make when the subjects of immigration inquiries are represented, as opposed to when they are not represented at the inquiry?
- 6.1.4 What difference, if any, does it make when appellants are represented, as opposed to when they are not represented at IAD appeal hearings (or settlement conferences)?
- 6.2 In your experience, is there any difference in the type of representation provided by lawyers, by paralegals and by representatives who have no legal training?
- 6.3 In your experience, does it make any difference to the outcome of cases whether the immigrant or refugee claimant concerned is represented by a lawyer, by a paralegal, or by someone who has no legal training?
- 6.4 Does the presence of a representative for the individual who is the subject of the proceeding make any difference where the proceeding is conducted through an interpreter? Please elaborate.
7. Procedural fairness and representation
The following questions are directed to eliciting the respondents' opinions regarding fairness of proceedings involving immigrants and refugee claimants. The questions are also aimed at eliciting opinions regarding the significance of representation as an element of procedural fairness. Interviewers should explain to respondents that we are looking primarily for their comments with respect to proceedings in which they have direct experience; however, they are free to comment on all of the proceedings listed if they feel so inclined.
- 7.1 Based on your understanding of the principles of fundamental justice and the rules of natural justice, what elements are required to ensure fairness of the following proceedings?
- 7.1.1 Eligibility interviews for refugee claimants
- 7.1.2 Admissibility interviews for foreign nationals entering Canada
- 7.1.3 Refugee status determination proceedings
- 7.1.4 Immigration inquiries for foreign nationals in Canada
7.1.5 Detention review proceedings for persons detained by Canadian Immigration authorities
- 7.1.6 Immigration appeals (removal and sponsorship)
- 7.2 Does the availability of representation for persons who are the subject of these proceedings make any difference to fairness of the proceedings? If so, how? And if not, why not?
- 7.3 Does the type of representation available to persons who are the subject of these proceedings (i.e., representation by a lawyer, a non-lawyer with legal training, or a person without legal training) make any difference to fairness of the proceedings? If so, how? And if not, why not?
- 7.4 How can fairness of the process be maintained in cases where the persons who are the subject of the proceedings do not have access to representation?
8. Respondents' overall assessment
The following questions are intended to elicit respondents' views with respect to the work currently being done by different groups of service providers and to elicit any suggestions they may have to improve present legal aid arrangements relating to immigrants and refugee claimants. Interviewers should specifically canvass the respondents' views on how representation services might best be delivered to immigrants and refugee claimants. To set the stage for these questions, interviewers should draw the respondents' attention to:
- the services that should be considered (advice and information, assistance in case preparation, representation at hearings);
- the avenues available for delivering these services (NGOs, legal aid clinics, service providers in private practice); and
- the people who provide these services (volunteers and paid community service workers without legal expertise, immigration consultants, supervised paralegals, andlawyers - both staff and private practice).
- 8.1 [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?
- Legal aid clinics
- Immigration and refugee lawyers in private practice, [paid and pro bono]
- The Refugee Law Office (if Ontario)
- Supervised paralegals
- Paid immigration consultants
- Paid staff at NGOs
- Volunteers at NGOs
- UNHCR
- 8.2 Do you have any suggestions as to how assistance and representation services for immigrants and refugee claimants can most effectively be delivered?
