UORAP INFORMATION SHEET FOR REFUGEE LAWYERS

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1 2013 UORAP INFORMATION SHEET FOR REFUGEE LAWYERS The University of Ottawa Refugee Assistance Project (UORAP) aims to facilitate evidence gathering by unrepresented refugee claimants and those who assist them in preparing for their hearing. You and your clients can benefit from the Hearing Preparation Form (HPF) and the assistance of community workers trained to use it. The HPF is a customizable checklist to guide unrepresented claimants and those assisting them; it provides a framework to outline the elements of the claim and the evidence needed. Why use the HPF? The HPF can help you give an unrepresented claimant a fair chance to prove his or her claim. It is designed to provide you with a simple and effective claim analysis in cases where your retainer or certificate only covers the Basis of Claim (BOC) form and does not extend to the hearing. This claim analysis will help a community worker assist the unrepresented claimant to gather evidence. In addition to assisting unrepresented claimants, the HPF may also be a useful tool for your own claim preparation, especially if you wish to ask your client or a community worker to assist in gathering the evidence. It provides a succinct and efficient aide memoir for acquiring the relevant evidence for the claim. How to fill in the HPF You can use the HPF to quickly summarize the legal elements of the claim and indicate the evidence needed to prove it. To fill in the HPF: Part A: Summary of the Claim indicate the pertinent issues of the claim using the definitions of a refugee (IRPA s.96), a person in need of protection (IRPA s.97), and exclusion (IRPA s.98). Part B: Documents as Evidence using the summary of the claim, indicate the key documents that your client needs to prove his or her claim. Part C: Witnesses as Evidence indicate any witnesses that should testify, and the purpose of their testimony. UORAP has trained community workers across the country in using completed HPFs to assist unrepresented claimants to gather evidence. These community workers have also been provided with the Hearing Preparation Kit, which gives a step by step explanation of the HPF and practical information on hearing preparation. You can view and download the Hearing Preparation Kit at Benefits of the HPF Filling in the HPF only takes minutes if it is completed immediately after filling in the BOC. Practicing refugee lawyers have described the HPF as an excellent tool for organizing your case as you prepare for your client s refugee hearing. Lawyers working on tight timelines can benefit from the HPF as a way to summarize the key issues in the claim, organize next steps, and ensure efficiency and client cooperation in hearing preparation under tight timelines. It requires careful consideration of what evidence is needed, which is then listed on the HPF for easy reference by you, a law clerk or a community worker as the evidence is accumulated. 1

2 BACKGROUND INFORMATION UORAP Info Sheet for Refugee Lawyers 2013 About UORAP UORAP is funded by the Law Foundation of Ontario s Access to Justice Fund and generously supported by our organizational partners. * Our goal is to mitigate specific access to justice concerns arising from the recent changes to Canada s refugee system. UORAP is led by University of Ottawa Common Law Professors Jennifer Bond, Adam Dodek, Peter Showler and David Wiseman. UORAP s Written Resources UORAP s written resources can help community workers to assist unrepresented refugee claimants to obtain and deliver evidence for their refugee hearing, after the BOC has been completed. UORAP has three written resources, available at and attached to this information sheet: 1. The HPF A customizable checklist to guide claimants and those assisting them to gather evidence for the refugee hearing. The HPF provides a framework to outline the elements of the claim and the evidence needed. Ideally, the HPF will be filled out by the lawyer assisting the claimant with the BOC. 2. The Hearing Preparation Kit A combination of four guides that explain how to use the HPF and contain other practical guidance on gathering, preparing, and submitting evidence, as well as summary information about the hearing itself. (Only the Table of Contents is attached with this information sheet; access the full version at 3. The To Do List a take-away template to help claimants to gather their evidence in an organized fashion. UORAP s Training What training have community workers received, and how can they help claimants? UORAP has developed a full-day training curriculum to prepare community workers to use our written materials to assist claimants. Community workers in Montreal, Ottawa, Toronto and Vancouver are trained to: Understand the HPF, including the Summary of the Claim and its relationship with the evidentiary needs identified in the HPF; Use the HPF to guide evidence-gathering and fill in a To Do List for the claimant; and Use the Hearing Preparation Kit to find answers to refugee claimants questions about the submission of evidence and the hearing. If you have any questions or would like more information about UORAP, please contact UORAP Director Emily Bates at [email protected] or visit * Our organizational partners include the Canadian Council for Refugees (CCR), Community Legal Education Ontario (CLEO), the Human Rights Research and Education Centre (University of Ottawa), Kinbrace, and the University of Ottawa Faculty of Law. For more information and to download our materials please visit 2

3 Attachment 1: The HPF HEARING PREPARATION FORM/ FORMULAIRE DE PREPARATION À UNE AUDIENCE Name of Counsel/Nom de l avocat: Phone/Téléphone : /Courriel: A: Summary of the claim/sommaire de la demande d asile A1. Name/Nom: A2. Country or countries of nationality/pays de nationalité: A3. Types of harm feared/types de préjudice craints: A4. Reason for harm feared/ Motifs de préjudice craints: Refugee/ Réfugié Persecution/Persécution: Race/Race: Religion/Religion: Person in Need of Protection/ Personne à protéger Torture/Torture: Risk to life/risque pour sa vie : Cruel or unusual treatment or punishment/traitement ou châtiment cruel ou inhabituel : Nationality/Nationalité: Political opinion/opinion politique: Membership in a particular social group/adhésion à un groupe social particulier: A5. Agents of harm (specify)/agents de préjudice (précisez): A6. State protection/protection offerte par l État: State agents/ Agents étatiques: Non-state agents/ Agents non étatiques: _ A7. Internal flight alternative/possibilité de refuge intérieur: A8. Subjective fear/crainte subjective: A9. Exclusion/Exclusion: 1F(a) crimes against peace, war crimes, crimes against humanity/1f(a) crimes contre la paix, crimes de guerre, crimes contre l humanité: 1F(b) serious non-political crimes/1f(b) crimes non politiques graves: This form is intended as general legal information to assist refugee claimants and those assisting them without consideration to prepare for their refugee hearing.. Ce formulaire offre des renseignements juridiques généraux pour aider les demandeurs d asile et les personnes qui les aident sans considération à se préparer en vue de leurs demandes du statut de réfugié. 1

4 B: Documents as Evidence/Documents à titre de données probantes B1. Identification (indicate location of document)/renseignements sur l identité (indiquez l emplacement du document): UORAP Info Sheet for Refugee Lawyers Attachment 1: The HPF Passport/Passeport National Identity Card/Carte d identité nationale Birth Certificate/Certificat de naissance Other/Autre: CBSA, CIC/ASFC, CIC Claimant/Demandeur d asile Other/Autre: CBSA, CIC/ASFC, CIC Claimant/Demandeur d asile Other/Autre: CBSA, CIC/ASFC, CIC Claimant/Demandeur d asile Other/Autre: CBSA, CIC/ASFC, CIC Claimant/Demandeur d asile Other/Autre: B2. Proof of group identity (see A4)/Preuve des incidents clés (voir A4): Group 1/Groupe 1: Documents/Documents: B3. Proof of key incidents/preuve des incidents clés: Incident 1/Incident n o 1: Documents/Documents: Incident 2/Incident n o 2: Documents/Documents: Incident 3/Incident n o 3: Documents/Documents: Group 2/Groupe 2: Documents/Documents: B4. Reports/Rapports: Police/ Court (arrest or conviction)/police/tribunal (arrestation ou condamnation) Police complaint/police plainte: Medical - Physical harm/médical préjudice physique: Medical - Psychological harm/médical préjudice psychologique: B5. Country Information documents/documents de renseignements sur le pays: Issue 1/Enjeu n o 1 : Documents/Documents: Issue 2/Enjeu n o 2 : Documents/Documents: Issue 3/Enjeu n o 2 : Documents/Documents: C: Witnesses as Evidence/Témoins à titre de données probantes C1. Witnesses on identity, details of claim, or country information/témoins de l identité, des détails de la demande d asile ou des renseignements sur le pays: Witness/Témoin: Purpose/But: Witness/Témoin: Purpose/ But: Witness/Témoin: Purpose/But: UORAP is funded by the Law Foundation of Ontario PARUO est subventionné par la Fondation du droit de l Ontario For guidance on interpreting a completed HPF and using it to help a claimant prepare for their hearing, please visit Pour des conseils sur l utilisation du FPA afin d aider un demandeur d asile à se préparer en vue d une audience de demande du statut de réfugié, veuillez visiter 2

5 HEARING PREPARATION KIT TABLE OF CONTENTS UORAP Info Sheet for Refugee Lawyers Attachment 2: Hearing Preparation Kit Table of Contents Introduction... 1 Guide 1: Understanding the Refugee Claim... 2 HPF: Part A The Summary of the Claim... 2 Guide 2: Getting Evidence for your Hearing... 5 HPF: Part B Documents as Evidence... 5 Documents about your identity and your refugee story... 5 Documents about conditions in your country of nationality... 7 HPF: Part C Witnesses as Evidence Types of witnesses Deciding between live testimony and sworn declarations Who is a good witness? Guide 3: Preparing Evidence for your Hearing Preparing and Submitting your Documents Preparing your Witnesses Documents from the Board or the Minister s Counsel Guide 4: The Refugee Hearing Who will be at my Hearing? How will my Hearing Proceed? How to Answer Questions How to Ask Questions to your Witnesses How to Seek an Adjournment Oral Representations The Board Member s Decision Appendix A: Hearing Preparation Form Appendix B: The To Do List Appendix C: List of Acronyms and Short Forms UORAP - University of Ottawa Refugee Assistance Project

6 Attachment 3: The To Do List YOUR TO DO LIST Your Name: Deadline for delivering your evidence to the Board: 1. Documents about your story Document What needs to be done? Who will do it? When will it be done? 2. Documents about your country Document What needs to be done? Who will do it? When will it be done? 3. Witnesses Witness What needs to be done? Who will do it? When will it be done? This form is to help refugee claimants who do not have a lawyer for their refugee hearing. If you are a refugee claimant without a lawyer, you can use this form to list the evidence that will help you to prove your refugee claim. You are the person who must deliver your evidence to the Immigration and Refugee Board in time for your refugee hearing. The person who helps you create this list or get your evidence is not your lawyer and they will not represent you at your hearing Do not pay any one to help you with this form. If you are helping a refugee claimant with this form, make sure the claimant understands that you are not their lawyer or legal representative. No payment may be requested or accepted for helping a refugee claimant with this form or with getting their evidence. 1

7 Attachment 3: The To Do List Make sure you write down everything you do to try to get your documents and witnesses. Document Date What did you do? UORAP is funded by the Law Foundation of Ontario 2