I have been trying to find a decent lawyer to help with my refugee claim since last year. I found a lawyer that agreed to take my case but after a few meetings with him, I discovered that he gave poor advice (I sought a second opinion to confirm that) and he was more interested in the "high profile" potential of my case than in my safety. I dropped him, quickly. I have received a few referrals to lawyers since then but none have agreed to take my case. I have gotten everything from "this is way over my head" to "legal aid won't approve you" to total silence. I have been approved for legal aid, to the astonishment of refugee advocates and total disbelief of lawyers. I have been told over and over again that I will be discriminated against by legal aid, the IRB, etc. due to my country of origin without consideration for the merits of my claim. So far, the discrimination is solely by the lawyers I have spoken with.
I have read countless articles about the refugee system in Canada (and in other countries.) I am aware that my case will be harder to prove than if I were from a war-torn country. I recognize that legal aid does not pay a lot and many lawyers prefer easy cases to the complex ones. What I am not sure about is the bigger issue: discrimination in the Canadian refugee process or in the legal profession (giving the illusion of greater discrimination by the IRB.) I have read that having a lawyer significantly increases your odds of winning a refugee claim but if your case is complex and you cannot find a lawyer, are these cases being lost due to IRB discrimination or due to lack of decent legal help? What if your choice is between a shady lawyer with bad advice and no lawyer at all? Sometimes a bad lawyer, or a lawyer that has no interest in your case, can cause more damage than having no lawyer at all. Then, when you lose your complex refugee claim without knowledgeable legal representation, the lawyers point and say "see, I told ya' so!"
I will cite articles later (when I sort through the many links I have saved) but what I have seen as the primary reasons for the denial of refugee claims are: the decision-maker you are assigned to and paperwork errors. The first issue is totally outside the control of the claimant, some decision makers simply deny all or nearly all claims. The other issue can be over come with proper council or assistance with the forms. I have received more bad advice than good when seeking help completing these forms. I have even been told to complete questions that did not apply to me (I am not under the age of 18, thank-you-very-much.) I can see why there are so many problems with incorrectly completed forms, in spite of all of the businesses advertising services to help refugee claimants. Add a language barrier and some refugee claimants don't stand a chance.
In regard to other processes required to settle into a new country, I've had to seek advice from multiple sources to work my way through the system (filing taxes, applying for services, etc.) I am shocked at how difficult it is to get good advice. I've gotten blank stares, "I don't knows", people reading forms with me and guessing at correct responses. Pretty much every step of the way I am saying "I wish someone would have told me that months ago." I keep asking questions, doing internet searches, and stumbling along until I hit the right path. If anyone else is having this problem, all I can say is keep at it, keep asking questions and looking for the pieces of the puzzle because it is out there. You might find a good settlement worker who can guide you through the process or you might find one who just shows up for work. If someone gives you questionable advice, ask three more more people (this applies to lawyers too.) Good luck.
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