Roster minimum experience requirements: Refugee and immigration

For a complete understanding of our minimum experience requirements, carefully read our minimum experience requirements amendments document.

DIVISION 1
IMMIGRATION AND REFUGEE LAW — GENERAL

14 This Division applies to all immigration and refugee certificate services, with the exception of those set out in section 16.

Minimum experience

15 (1) To be authorized to provide certificate services in general immigration and refugee law, a roster member must have completed at least 10 of the following matters, or any combination of such matters, within the last two years before applying for authorization:

1. a Refugee Protection claim before the Refugee Protection Division of the Immigration and Refugee Board;
2. a Cessation or Vacation application before the Refugee Protection Division of the Immigration and Refugee Board;
3. a Pre-removal Risk Assessment (PRRA) submission;
4. a Danger Opinion submission;
5. a Humanitarian and Compassionate Grounds application;
6. an appeal before the Immigration Appeal Division of the Immigration and Refugee Board in respect of any matter for which the Corporation provides coverage;
7. a detention review hearing.

(2) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in general immigration and refugee law published on the Corporation’s website; and
2. in their application, attest that they have reviewed those materials.

DIVISION 2
IMMIGRATION AND REFUGEE LAW — APPELLATE

16 This Division applies to the following immigration and refugee services:

1. appeals before the Refugee Appeal Division of the Immigration and Refugee Board;
2. judicial reviews before the Federal Court;
3. appeals before the Federal Court of Appeal;
4. appeals before the Supreme Court of Canada;
5. applications before the Superior Court for a writ of habeas corpus;
6. applications to the Canada Border Services Agency for a deferral of removal, and motions for a stay of removal before the Federal Court.

Minimum experience

17 (1) To be authorized to provide certificate services in appellate immigration and refugee law, a roster member must be authorized in accordance with section 15 to provide certificate services in general immigration and refugee law.

(2) To be authorized to provide certificate services in appellate immigration and refugee law, a roster member must have completed at least 10 of the following matters, or any combination of such matters, within the last two years before applying for authorization:

1. an appeal before the Refugee Appeal Division of the Immigration and Refugee Board;
2. a perfected Federal Court application for leave or for judicial review of any of the following:
   1. a decision of the Refugee Protection Division or Refugee Appeal Division of the Immigration and Refugee Board,
   2. a Pre-removal Risk Assessment or Danger Opinion decision,
   3. a decision regarding a Humanitarian and Compassionate Grounds application;
3. a motion in Federal Court to stay removal;
4. a judicial review hearing in Federal Court in respect of a decision referred to in paragraph (b);
5. an appeal before the Federal Court of Appeal in respect of any immigration or refugee law matter.

(3) The roster member must

1. review the materials listed in the document entitled Material for review by roster members authorized to provide legal aid services in appellate immigration and refugee law published on the Corporation’s website; and
2. in their application, attest that they have reviewed those materials.