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 |
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|
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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.