Syrian Refugees & the RPD

Article: Syrian Refugees & the RPD, Author: Brandon La Forty, Date: December 3, 2015

Canada has already issued over 1000 Permanent Resident Visas to Syrian Refugees and almost 300 have reached Canada.  The figures can be tracked at the following link:  http://www.cic.gc.ca/english/refugees/welcome/index.asp

Brandon La Forty can ensure you get professional representation at your Refugee Determination Hearing – Timelines for RPD hearings from when your claim is referred to the RPD:

If you are from a DCO and you made your claim at an inland office:
No later than 30 days after your claim is sent to the RPD

OR

If you are from a DCO and you made your claim at a port of entry:
No later than 45 days after your claim is sent to the RPD

OR

If you are not from a DCO:
No later than 60 days after your claim is sent to the RPD  (CIC website)

Do I need counsel to represent me in my Refugee claim?

You may represent yourself. You are not required to have a counsel to represent you. However, you may decide that you want someone to help you present your case at your hearing. If this is the case, you must ensure that the counsel you choose is available for the date and time shown on your Notice to Appear for a Hearing.

You must also immediately give your counsel’s contact information in writing to the RPD and also to CIC or to the CBSA (whichever sent your claim to the RPD). Contact information means address, phone number, fax number and email address, if any. If you change counsel during your claim process, you must advise the RPD by completing a new Counsel Contact Information form. (CIC website)

Who can be counsel?

Your counsel may be:

  • a member in good standing of a provincial law society (lawyer or paralegal, in a province that allows paralegals to be members of the law society)
  • a member in good standing of the Chambre des notaires du Québec; or
  • an immigration consultant who is a member in good standing of the Immigration Consultants of Canada Regulatory Council.

Only a counsel as described above can represent you at the RPD and charge you a fee. (CIC Website)

Overview of Process:

  • Make refugee claim at POE or inland office
  • Complete and submit BOC form by required deadline (& attend eligibility interview if necessary)
  • Hearing preparation & gathering of documents
  • Attend Refugee Determination Hearing
  • Notice of Decision
  • Appeal to RAD (if necessary)

What do I need to show in order for my claim to be accepted?

You must show that you are a Convention refugee or a person in need of protection.

  • You are considered a Convention refugee if you have a well-founded fear of persecution in your home country (your country of nationality or, if you do not have one, the country where you usually lived in the past) based on your race, religion, nationality, membership in a particular social group or political opinion.
  • You are considered a person in need of protection if you would be subjected personally to a danger of torture, to a risk to your life or to a risk of cruel and unusual treatment or punishment if you were returned to your home country (CIC Website)

Refugee determination hearings can be very difficult for unrepresented parties, Brandon La Forty can help with this difficult process (contact information below).

CONTACT:  BRANDON LA FORTY- Email- brandon@laforty.com , Phone- (905)-341-2977

 

Reference: CIC website- http://www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/ClaDemGuide.aspx#_Toc340245777

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