Roster Update

Guide for immigration roster counsel on clients applying for coverage

Legal Aid Alberta provides coverage for the following types of immigration matters: 

  • Admissibility Hearings
  • Detention Reviews 
  • Removal Appeals to the Immigration Appeal Division 
  • Refugee Claims 
  • Refugee Appeals
  • Judicial Reviews of negative refuge determinations to the Federal Court of Canada
  • Ministerial Appeals 

We do not provide coverage for non-Immigration and Refugee Board matters, such as Judicial Reviews not involving refugee determinations; Humanitarian and Compassionate applications; Pre-Removal Risk Assessments; Danger opinions, etc.  

It can often be confusing for immigration clients to know when they should call Legal Aid Alberta for a lawyer. The general rule is that they should call BEFORE a hearing date has been scheduled, or a filing deadline has passed.  

Here is a more detailed table to help you and your clients determine when people should be contacting Legal Aid Alberta to apply for coverage. 

Matter Type 

When Clients Should Call Legal Aid 

Admissibility
Hearings 

After they have received notice from Canada Border Services Agency (“CBSA”) that a section 44 report has been issued, and a request has been sent to the Immigration Division (“ID”) to schedule an admissibility hearing.  

Detention
Reviews 

Immediately upon arrest and detention by CBSA (before 48-hour hearing), or in advance of next scheduled hearing (specifically, clients should call our office right away after the ID Member has ordered continued detention). 

Removal
Appeals 

Immediately upon receipt of the negative ID order. 

Refugee
Claims 

After they have completed an eligibility interview, and their matter has been referred to the Refugee Protection Division (“RPD”).  

Refugee Appeals 

Immediately upon receipt of the negative RPD decision. 

Judicial Review re Refugee protection 

Immediately upon receipt of the negative RPD or Refugee Appeal Division (“RAD”) decision. 

Ministerial Appeals 

Immediately upon receiving communication from the Minister or the Immigration and Refugee Board that the Minister has made an application.  

Once a client’s application and financial assessment is complete, and the client is found to be eligible, an offer is forwarded for representation. 

Lawyer Portal Outage after hours Feb. 27

We are constantly improving LAA’s technology to help us better serve Albertans.  

The Lawyer Portal and Duty Counsel Portal will be unavailable from Thursday, Feb. 27, from 6 p.m. to midnight  for a routine technology update. 

Once the systems are restored you will notice a few minor changes to authorization requests for Change of Counsels: 

  • Two new fields have been added: ‘Change of Counsel Reason’ and ‘Next Court Date, if Applicable’. 

  • The ‘Request Reason’ box has been renamed to ‘Status Update’. 

  • The drop-down options have been updated in ‘Request Reason’ field.

    Here’s when to use each option: 

    • Breakdown in Relationship 
      Client fired lawyer, client refusing to follow legal advice, or client refusing to speak to lawyer. 
    • Conflict of Interest 
      Inability for lawyer to continue based on new information obtained. 
    • Lawyer Availability 
      Lawyer no longer available for upcoming scheduled court appearances or lawyer does not have capacity. 
    • Client Failed to Appear 
      Client failed to appear for meeting or court with counsel and lawyer withdrew. 
    • Level of Expertise 
      Legal Issue Level on certificate is raised above a Student-at-Law’s capabilities or lawyer accepted file and after reading disclosure, talking to client, etc. determines ineligibility. 
  • The drop-down options have been updated in ‘Change of Counsel Outcome’ field.  

In addition, this update will also fix a minor bug of the highest-level charge on a certificate appearing blank.  

We appreciate your patience and understanding. 

 

Changes coming to LAA Roster Resources website

We’re working hard to make your interactions with LAA straightforward and efficient. That’s why you’ll soon see changes on the LAA Roster Resources web pages.  

Roster resources is the central location for all things roster and we’re making it easier to access the important information you need, quickly, through a better navigation system and cleaner design. 

March 26: save the date for Child Welfare training

Mark your calendars, Legal Aid Alberta is hosting a virtual training session focused on child welfare on Wednesday, March 26, from 9 a.m. to 4 p.m.

Further details and the sign-up link will be shared in the March 6 edition of the Roster Report. 

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