Ministers counsel

[mrs waseem]

Hi who are the ministers counsels and why do they attend hearings? Their presence has any negative impact on the hearing?

and are they always in hearings or case to case?

When u r appearing in person for hearing's?

 

[salt.life1920]

When u r appearing in person for hearing's?

Next week virtual hearing

 

[Kaisa_18]

Thank u for the reply they only mentioned that me my lawyer and minister counsel will be at the hearing but no other instructions were provided on any preparation my lawyer later told me that all the hearing notices he got state the same thing and maybe thats a letter format since it doesn’t mention any instructions or basis on the presenceof the ministers counsel

I am not sure what instructions you are referring to, because the Minster's counsel representative dose not have to share the reason why they are opposing your claim before the hearing day. Their only obligation is to notify you of their presence in the hearing, which they did.

I would take whatever a lawyer says with a grain of salt since a minster's counsel representative wouldn't just appear in every hearing because their only role in a hearing is to oppose the refugee claim.

I would recommend the following for your hearing preparation :

"If a Minster’s Counsel was present during the hearing, he or she may make oral representations before you do. The Minister’s Counsel may tell the Board Member why he or she thinks you should not receive refugee status.

In your own oral representations, you should state why you disagree with the Minister’s Counsel’s arguments and point to any testimony or documents which show that you did not do what the Minister’s Counsel is accusing you of.

If the Board Member tells you that you do not need to make oral representations, it generally means that your claim is going to be accepted. However it is impossible for you to know in advance whether this will happen, so you should always prepare your oral representations before the hearing.

In your oral representations you should explain:
• how you meet the definition of either a Convention Refugee or a Person in need of Protection: setting out which person(s), organization(s) or government agent(s) you fear;
• what you are afraid would happen to you if you returned to your country;
• why your fear is supported by the documents that you submitted and the testimony of any witnesses who testified;
• why you believe that you cannot obtain adequate protection from the state authorities;
• if you are arguing that you are a Person in need of Protection, how the danger you face in your country is specific to you, and is not a danger that everyone in your country experiences; and
• if the Board Member has suggested a specific place in your country where you may be able to go to live, why it is not possible for you to travel or live safely there and/or anything else which would make it difficult for you to live there. " University of Ottawa Refugee Assistance Project

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[kasuu]

A collegue of mine was considered for the file review processing ,but a few days later the minister intervened and requested all exhibits shared with RPD be sent to him too. He did the necessary and a few weeks letter recieved a notice that the MINISTERS COUNSEL WILL NOT BE PRESENT at the hearing..
What happens after such an event?.thanks.
Gregory..