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Hearing without a lawyer?

Mancoyvib

Star Member
May 15, 2017
71
12
I applied for legal aid and they said their lawyer will accept my case if he thinks it’s successful, what happens if he doesn’t and I go to my hearing without a lawyer? I don’t have money to hire a private lawyer.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,714
If legal aide refuses your case, I wouldn't suggest appearing at your hearing without a lawyer. As they stated, if they don't accept your case, it means your chances at refugee status is questionable at best. That isn't a situation you want to be going into without legal representation or trying to represent yourself.
If you have no choice, I start by reviewing ALL of this:

http://www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/ClaDemGuide.aspx
 

Mancoyvib

Star Member
May 15, 2017
71
12
If legal aide refuses your case, I wouldn't suggest appearing at your hearing without a lawyer. As they stated, if they don't accept your case, it means your chances at refugee status is questionable at best. That isn't a situation you want to be going into without legal representation or trying to represent yourself.
If you have no choice, I start by reviewing ALL of this:

http://www.irb-cisr.gc.ca/Eng/RefClaDem/Pages/ClaDemGuide.aspx
If the case has a high success rate what’s the point of hiring a lawyer? I don’t get it, shouldn’t everyone be titled to a lawyer? It doesn’t make sense
 

Buletruck

VIP Member
May 18, 2015
6,882
2,714
Legal aide is publicly funded and has limited resources. They won’t accept cases if they feel they are wasting resources. No one is denying anyone the right to legal representation, you just have to provide your own if legal aide won’t. Legal aide isn’t an entitlement.
 

Teddyman

Newbie
Jul 22, 2018
3
0
How do you define success rate? what if the situation home changes for the better as one waits for his/her hearing?
 

Buletruck

VIP Member
May 18, 2015
6,882
2,714
Sometimes (not often) a country that was once recognized as requiring refugee assistance reverts to a country that doesn’t and the host country withdraws its protection (think the current US action with Haiti, but not quite as draconian). In those cases, the refugees return home. However, since you arrived in April, I doubt thing will have settled to the point the Government if Canada would do such a thing (in fact, I doubt they ever have). So your claim would be processed based on the information available and your basis of claim at the time you applied.
As far as success rate, they are looking at your basis of claim and supporting documents and evidence. If it looks like a valid claim, they take the case (if resources permit), if not they refuse.
 

gavendano

Star Member
Feb 11, 2016
125
66
I can´t find the source, but there were some statistics somewhere indicating that having a lawyer increased your chances of a positive decision by like 80%.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,714
I can´t find the source, but there were some statistics somewhere indicating that having a lawyer increased your chances of a positive decision by like 80%.
And that makes sense! Having a lawyer to navigate a legal process can only be advantageous. Preparation and practice go a long way.
 

canuck78

VIP Member
Jun 18, 2017
55,684
13,552
Based on previous posts you already had your hearing. are you trying to appeal. Legal aid is usually pretty strict about not taking taking cases after a refusal if they don't think there is a chance of success.
 
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