Refugee claim coverage for clients who received limited disbursements Basis of Claim (BOC) certificates between April 16 and September 23

Between April 16, 2019 and September 22, 2019, clients received the following coverage for BOC preparation:

Basis of Claim (BOC) preparation coverage

  Regular claims Country and claim type on
IRB’s file review (expedite) list
Tariff maximum 7 hours
Certificate wording

Services restricted to 7 hours for the preparation and filing of the BOC with limited disbursements. This certificate does not authorize any preparation for or attendance at the RPD hearing.

Disbursements

Disbursements limited to photocopying, fax charges, postage, courier and long distance telephone charges and 5 hours of interpretation time

Amendments cannot be made to limited disbursements BOC certificates. Additional coverage will instead be provided with a new certificate.

If a client requires legal aid coverage for RPD proceedings, lawyers may make a request for coverage through Legal Aid Online by uploading required documents shown in the table below.

With sufficient legal merit and if the client remains financially eligible, a new certificate will be issued with the following coverage:

RPD proceedings

  Regular claims Country and claim type on IRB’s file review (expedite) list
Client Disclosure Preparation Certificate Hearing Preparation Amendment
Tariff maximum 9 hours 3 hours 6 hours (amendment to 3‑hour disclosure certificate)
Wording

For representation at RPD proceedings tariff maximum of 9 hours for all services other than attendance at the hearing

Preparation and filing of client disclosure and related submissions in accordance with the IRB File Review (expedited) process for refugee claimants. Tariff maximum of 3 hours.

For representation at RPD proceedings following referral of expedited claim to full hearing. Tariff maximum of 6 hours for all services other than attendance at the hearing.

Disbursements

Standard disbursements per the Disbursements Handbook, including 10 hours of interpretation time

Standard disbursements per the Disbursements Handbook, including 10 hours of interpretation time

When coverage may be requested

Whenever preparation work needs to begin after referral of claim to RPD

Whenever preparation work needs to begin after referral of claim to RPD

Upon scheduling of hearing

Documents required in Legal Aid Online
  • Notice to Appear

These new certificates will be backdated automatically with the same effective date as the client’s Basis of Claim preparation certificate.

If lawyers uploaded a Basis of Claim form without a Notice to Appear or a request for disclosure from the IRB between August 16, 2019 and September 20, 2019, and the request was not actioned, it must be made again. We apologize for this inconvenience.

Detailed information for lawyers on private retainers