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Representation for Immigrants and Refugee Claimants
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Table of Contents
Executive Summary
1.
Introduction
1.1
Methodology
2.
Background issues
2.1
"Right to counsel" in immigration and refugee matters
2.2
Jurisdictional issues relating to legal aid in immigration matters
2.3
Legal aid coverage for immigration and refugee matters
2.4
Service delivery models for legal aid
2.5
Tariff variations
3.
Need for representation
3.1
Admissibility and eligibility interviews
3.2
Refugee determination proceedings
3.2.1
Preparation for refugee hearings
3.2.2
Refugee hearings
3.2.3
Expedited process interviews
3.2.4
Post-determination proceedings for failed refugee claimants
3.3
Detention reviews
3.4
Immigration inquiries
3.5
Immigration appeals
3.6
Summary
4.
Special needs
4.1
Women
4.2
Minors
4.3
Persons with problems regarding mental capacity
4.4
Victims of torture and other special needs groups
4.5
An effective approach to providing designated representatives
5.
Interpretation and representation
5.1
The challenges of presenting cases through interpreters
5.2
The relationship between counsel and interpreters
6.
Knowledge and sophistication of persons concerned
6.1
Refugee claimants
6.2
Participants in other processes
6.2.1
Detainees
6.2.2
Persons at immigration inquiries
6.2.3
Appellants
6.2.4
Participants in post-determination proceedings
7.
Sources of information
7.1
Information sources for refugee claimants
7.2
Information sources with regard to other processes
8.
Access to representation
9.
Quality of representation
10.
Factors influencing clients' choice of representatives
11.
Desire for an integrated approach to service delivery
12.
Representation and fairness of processes
12.1
Ensuring fairness for persons without representation
13.
Impact of representation on efficiency of processes
14.
Conclusion
References
Cases
Statutes
Regulations
Interviews and personal communications
Appendix 1
Interview Guide - Claimants, Appellants, Detainees, etc.
Appendix 2
Interview Guide - Service Providers
Appendix 3
Interview Guide - Hearing Participants
Appendix 4
Interview Guide - CIC Managers
Appendix 5
Interview Guide - IRB Managers
Appendix 6
Interview Guide - Legal Aid Managers
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