Refugee Law Services – Adeegyada Sharciga Qaxootiga

Refugee Law Services - Adeegyada Sharciga Qaxootiga

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Refugee Law Services – خدمات قانون پناهنده ى

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Refugee Services in Rexdale

Rexdale is located within an ‘urgent priority’ neighborhood of Toronto with a large number of new immigrant families; a demonstrated need for refugee services.

Since April 1, 2011 Legal Aid Ontario has issued 301 Certificates to clients residing in the M9W, M9V, M9R, and M9P postal code prefixes, which allow clients to seek out private immigration law services who accept LAO certificates. Nearly half of these certificates have been issued to clients who originate from Somalia and Nigeria.

US Blackhawk helicopter over Mogadishu on the Day of Rangers

PHOTO: US Department of State

Somalia has been in a de facto state of civil war since 1991 when the communist dictatorship of Mohamed Siad Barre was ousted by a coalition of rebel movements.

Nigerian troops with US C130 transport aircraft

PHOTO: US Department of State

Nigeria has been plagued by ethnic conflict and violent disputes over oil since the country regained democracy in 1999, after 33 years of military rule.

Refugee Certificates issued by LAO in Rexdale from April, 2011 to Present:

COUNTRY of ORIGIN Number of LAO Certificates Issued
SOMALIA 103
NIGERIA 43
Pakistan 16
Hungary 9
Poland 8
St. Vincent & the Grenadines 8
Afghanistan 8
Namibia 7
India 6
Hon. Jason Kenney, Minister of Citizenship, Immigration and Multiculturism speaks to media Day 31st, 2010 on the proposed Balanced Refugee Reform Act, introduced in the House of Commons on March 30.

PHOTO:  Dave Abel / Toronto Sun / QMI Agency.

Balanced Refugee Reform

On 15 December 2012, important changes to Canada’s refugee determination system came into effect. The Balanced Refugee Reform Act brought many changes to the refugee protection system. Intended to deliver faster decisions, deter abuse and quickly remove persons not in need of Canada’s protection.

“Our changes will make Canada’s asylum system faster and fairer,” said Canada;s former Minister of Citizenship and Immigration and current Minister for Employment and Social Development and Minister for Multiculturalism, The Honorable Jason Kenny. “For too long, Canada’s generous asylum system has been vulnerable to abuse. Under the new asylum system, genuine refugees fleeing persecution will receive protection more quickly. At the same time, bogus asylum claimants and those who abuse our generous system at great expense to taxpayers, will be removed much faster.”

Changes to Immigration and Refugee Protection Act

  • The Personal Information Form is now referred to as the Basis of Claim
  • 28 day time line to submit this form has been reduced to 15 DAYS
  • A hearing will take place no longer than 60 days from the day the claim is made.

This is down from the average 600 days to receive a hearing (CIC).

TIME LINE: Claim made at Port of Entry (ex. Pearson Airport)

  • Day 1- Arrive in Canada-Complete eligibility forms-have eligibility interview-receive BoC and RPD Hearing date
  • Day 10- Deadline for submitting address and telephone number to CBSA
  • Day 15: Deadline for Submitting BoC Forms to IRB-RPD
  • Day 50 (approx) Deadline for submitting all documents to the IRB-RPD
  • Day 60-REFUGEE HEARING
Terminal 1 of Pearson International Airport in Toronto, ON

PHOTO: AcidBomber at en.wikipedia (GNU Free Documentation License)

Designated Countries of Origin

DCOs are countries that do not normally produce refugees, and respect human rights and offer state protection. Claimants from a DCO will have their asylum claim heard faster (30-45 Days) and will not have access to the new Refugee Appeal Division (RAD) at the IRB.

Concerns in the context of female claimants

 With very short timelines for filing forms and for the refugee hearing many women will find they don’t have enough time to prepare for the refugee hearing. It takes time and trust to be ready to speak about traumatic experiences, especially sexual violence. Documentation of human rights abuses against women is not always readily available. It is also more difficult to meet short timelines if you are juggling childcare.

Because of the barriers to legal representation more claimants will be left unrepresented in the new system. Negotiating the refugee process without a representative is particularly difficult for women who have had limited access to education or relevant professional experience.

Woman wearing a hijab

PHOTO: luisrock62, stock.xchng

The Basis of Claim form (BoC)

The Basis of Claim Form is a crucial document that a refugee claimant must fill out for the Immigration and Refugee Board. It is used to determine if they have a valid claim. If information is missing, incorrect, or inconsistent, the Board could refuse the claim.

At the hearing, the claimant will have to answer questions about what they said on the Basis of Claim Form. A Board member who thinks that the claimant has not told the truth—for example, by inventing harm or threats—will refuse the claim.

What Rexdale Community Legal Clinic is doing

  • Prepare and file Basis of Claims with the Refugee Protection Division (RPD)
  • Prepare and represent claimants at the RPD of the Immigration and Refugee Board

Tips for Refugees and community agencies

  • If you are looking to make a refugee claim, contact Rexdale Community Legal Clinic immediately. If you are not within our catchment area we can still give summary advice and will issue appropriate referrals
  • If a client is looking to make a refugee claim, make an immediate referral to Rexdale Community Legal Clinic
  • A potential refugee should never go to CIC without seeking legal advice first-once they do the stringent timelines are triggered!
  • Please Rexdale Community Legal Clinic with any questions and we will be happy to assist

Rexdale Community Legal Clinic's Logo

Paralegal Amanda Bitton: Proud to be a full-time advocate for refugee claimants

LAO newsroom

News archives

LAO Newsroom

Paralegal Amanda Bitton is proud to be a full-time advocate for refugee claimants

Tuesday, October 1, 2013

Licensed paralegal Amanda Bitton has been “excited, proud and nervous” ever since Rexdale Community Legal Centre hired her in July to support refugee claimants on a full-time basis.

She’s very aware that her new job — providing frontline services to these vulnerable clients — is part of a Legal Aid Ontario (LAO) pilot agreement to fund the cost of hiring her, and demonstrate LAO’s commitment to the appropriate use of licensed paralegals.

So she sometimes loses sleep thinking of the responsibility she’s taken on.

 Amanda Bitton

High quality services are paramount

“As a regulated professional who must meet the licensing requirements of the Law Society of Upper Canada, this is an important opportunity to demonstrate that my experience, training and ethics will result in high quality services. That’s what will be paramount,” she says. “The stakes are high for me because everybody is watching. But my main concern is that they are even higher for my clients.”

Amanda’s education includes a four-year degree in political science at McMaster University. However, she actually started working at the Rexdale Community Legal Clinic while she was still a student of Humber College’s two-year Paralegal Education program, from which she graduated in June 2012.

Amanda applied to the Rexdale Community Legal Centre while she was still at Humber, to provide her with work hours toward the mandatory 14-week paid work term that’s part of Humber’s licensing requirements for students in this diploma program.

She hearts Rexdale

Her work placement at Rexdale, followed by employment there between August 2012 and January 2013, gave her experience in helping out at reception and attending intakes, hearings and interviews.

“By the end of that placement, I knew there was nowhere else I wanted to work,” she says. “I just love this clinics’ underlying philosophy of trusting colleagues and clients to come up with the most effective resolutions through working together in collaboration.”

What appealed to her most? “Clients would come in, throw a bunch of papers they couldn’t make sense of onto the desk, and ask for assistance,” she explains. “I loved being able to help people determine which issues they needed to deal with to move forward, to represent them before administrative tribunals such as the Landlord and Tenant Board, and to see them walk away and feel a bit easier about their lives.”

Amanda kept coming in as a volunteer once her paid placement at Rexdale was over, and cheerfully took on even the most basic tasks. When the prospect of applying for the refugee pilot arose, she began studying the Immigration and Refugee Protection Act, signed up for training on refugee law, began attending conferences on the subject, and asked to job-shadow LAO’s refugee lawyers.

Passion, a positive attitude and an astute legal mind

“We hired her because of her passion, positive attitude, commitment to our clients and incredibly astute legal mind,” recalls LAO’s Jayne Mallin, who headed up Rexdale’s legal clinic at the time.

“We had recognized very early on in Amanda’s placement, through her handling of intake and while assisting with research and factum writing – where her legal analysis was always accurate, thoughtful, and solution focused – that she is a very high quality paralegal.”

Today Amanda’s responsibilities include interviewing refugee claimants, helping them fill in the forms they need to complete to apply for refugee status in Canada, and representing these vulnerable individuals, under the supervision of a lawyer, at the Refugee Protection Division (RPD) of Immigration and Refugee Board (IRB).

“If my Mom had known about what community legal clinics could do for families like ours, if we’d had someone advocating for us like I can advocate for my clients, she would have had fewer struggles,”

Advocacy, accessibility and affordability

An LAO staff lawyer and LAO’s district office staff review Amanda’s paperwork once it’s completed. While Amanda is qualified to appear on her own before the RPD, an LAO lawyer will accompany her to hearings for the first six months of the pilot. This interim measure will ensure that clients are receiving high quality services and provide her with further training.

She’s pleased to be on a career path that goes back to her childhood in a single parent family. “If my Mom had known about what community legal clinics could do for families like ours, if we’d had someone advocating for us like I can advocate for my clients, she would have had fewer struggles,” she says.

“It’s all about accessibility and affordability,” she adds. “Sometimes only a lawyer can do the job. But we are a more affordable alternative in situations where a paralegal is qualified to do the same job. Here at Rexdale, I can provide quality legal services within my scope of practice for refugees whose very lives could depend on their ability to access resources and justice in a meaningful way.”

Questions

For questions or further information, please contact:

Josephine Li
Communications advisor
Phone: 416-979-2352, ext.6015
Email: lijos@lao.on.ca and/or media@lao.on.ca

http://legalaid.on.ca/en/news/newsarchive/1309-20_AmandaBitton.asp

LAO Newsroom: LAO supports licensed paralegal services for refugee claimants

LAO newsroom

News archives

LAO Newsroom

LAO supports licensed paralegal services for refugee claimants

Tuesday, September 17, 2013

Rexdale Community Legal Clinic

Legal Aid Ontario (LAO) has selected the Rexdale Community Legal Clinic to run a year-long pilot that provides refugee claimants with the full-time services of an in-house licensed paralegal.

“LAO recognizes that licensed paralegals can provide a wide range of cost-effective, efficient, quality services to refugee claimants,” says Jawad Kassab, LAO’s Executive Lead, Refugee Transformation.

LAO chose the Rexdale Community Legal Clinic for this pilot to serve the large number of refugee claimants (primarily from Nigeria, Somalia and Pakistan) in this community from one location.

The Rexdale Community Legal Clinic is in the Rexdale Community Hub. This hub provides health, social, legal, employment and cultural services to the people in its catchment area — the M9W, M9V, M9R, and M9P postal code — in collaboration with a number of partners, including:

  • the Rexdale Community Health Centre
  • the Rexdale Women’s Centre
  • Rexdale Employment Services and
  • the Somali Business Development Centre.

Over the year to come, the licensed paralegal at Rexdale Community Legal Clinic will, under the supervision of two experienced refugee lawyers:

  • interview refugee claimants
  • prepare Basis of Claim (BOC) forms
  • help claimants gather evidence (such as medical reports) to support their claim
  • file BOC forms with the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB)
  • prepare refugee claimants for hearings before the IRB
  • review files and supporting evidence
  • represent clients at hearings before the RPD of the IRB.

Paralegals are licensed by the Law Society of Upper Canada to provide legal advice, document preparation and representation before administrative tribunals such as the Immigration and Refugee Board.

LAO will evaluate this initiative on an ongoing basis and assess its value after a year. In addition, as part of its ongoing assessment of all its service delivery models for refugee claimants, LAO will continue to consult with relevant stakeholders on engaging licensed paralegals to deliver refugee services.

This pilot is one of a number of LAO service delivery initiatives aimed at diversifying LAO’s refugee services model, supporting community-based client legal services and delivering cost-effective, efficient, quality legal representation.

In addition to Rexdale, financially eligible refugee claimants without counsel can choose to attain legal aid services from:

Questions

If you have any questions or require further information please contact:

Jawad Kassab
Executive Lead, Refugee Transformation
Email: kassabja@lao.on.ca

 

Shared from: http://legalaid.on.ca/en/news/newsarchive/1309-16_licensedparalegalsforrefugees.asp

REXDALE REFUGEE LAW SERVICES

Refugeee Law Services

CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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