For refugee and immigration lawyers

Refugee Protection Division hearings

Merit assessments

In a Refugee Protection Division (RPD) hearing/interview LAO subject matter experts will assess:

  • legal merit and likelihood of success for hearing coverage
  • whether or not to amend the BOC certificate to authorize nine hours for services leading up to the RPD hearing
  • whether the account is eligible for up to two hours for preparation for each subsequent sitting at the RPD, and up to two hours for preparation of written submissions.

Learn what you need to do to submit your BOC to LAO for merit assessment.

Coverage for RPD matters

LAO is paying up to two hours for preparation for each subsequent sitting at the RPD, and up to two hours for preparation of written submissions.

Counsel can request a tariff authorization for two hours by:

  • completing a short tariff authorization form located on the website, and
  • faxing the form to the district office where the certificate was issued

LAO's Lawyer Services and Payments staff will process payment of up to two hours for eligible accounts provided that:

  • dockets capture time spent on preparation for a subsequent sitting or written submissions and
  • you have sent a copy of the notice of hearing for a subsequent sitting or a copy of written submissions to LAO through Legal Aid Online;—before you bill the account, please check it on Legal Aid Online to ensure the authorization has been added to your certificate.

If the amount of time to prepare written submissions or to prepare for a subsequent attendance exceeds two hours, you may request discretion (please use the discretion request form). LAO will assess your request against the clarified discretion criteria.

Ministerial intervention and discretion

Ministerial intervention has been added as a discretionary factor. LAO will identify ministerial intervention in the discretion request criteria and requests for a discretionary increase based on ministerial intervention will be processed accordingly. Please use the discretion request form.