Canada Eliminates Travel Restrictions for IEC Visa Holders
Canada Continues Loosening COVID-19 Travel Restrictions for Immigrants
As COVID-19 measures begin easing up in many countries around the world, Canada is also loosening travel restrictions by allowing International Experience Canada (IEC) visa holders to enter the country.
Effective May 8, Immigration, Refugees and Citizenship Canada is allowing those with a Working Holiday, Young Professional, or International Co-op IEC visa to come to live and work in Canada despite the COVID-19 pandemic, as long as they have a port of entry letter of introduction and have received a Canadian job offer.
The IEC visa provides young, international workers between the ages of 18 and 35 with temporary work permits. These permits allow them to legally live and seek employment in Canada for 12 to 24 months, depending on their country of citizenship.
The visa is available to residents of over 30 countries, however, the majority of participants tend to come from the following nations:
- Australia
- New Zealand
- Chile
- Costa Rica
- European Union member states
- United Kingdom
- Switzerland
- Hong Kong
- Taiwan
- Japan
- South Korea
Conditions Put in Place
Upon arriving in Canada, IEC visa holders must legally self-quarantine for 14 days and provide authorities with their self-quarantine plan. Canada border services agency (CBSA) officers will also be checking for health insurance coverage at all ports of entry, so you will need to make sure you have sufficient coverage before traveling to Canada to avoid being denied entry.
As it stands, only four Canadian airports can receive international flights. This includes Vancouver (YVR), Calgary (YYC), Montreal (YUL), and Toronto (YYZ). Therefore, those who are traveling to Canada should plan to live and work/self-quarantine in these cities or the surrounding areas.
It’s also important to note that the travel exemption only applies to those who currently hold an IEC visa, as there will not be any new rounds of invitations sent out until further notice. However, the IRCC will continue to accept submissions of profiles into IEC pools, but applications will not be processed at this time due to service interruptions caused by the pandemic.
Note that any applications that are currently in process will not be closed or refused due to a lack of documentation or inability to meet the deadline. This includes providing biometrics or completing a medical exam.
Refugee Appeals: Best Practices
What to Expect From the Refugee Appeal Process
If the Refugee Protection Division refuses your refugee claim or the Minister of Immigration, Refugees and Citizenship Canada appeals the positive decision to accept your claim, Gerami Law Professional Corporation (PC) can help you navigate this complex process. Our team of experienced lawyers practice exclusively in refugee and immigration law and have successfully represented numerous refugee claimants on appeal.Our lawyers are well versed in a trauma centered approach that allows space and time for our clients to share their stories.
What To Do If your Refugee Claim is Refused
After you have received a negative decision from the Refugee Protection Division and decide to consult with a lawyer at Gerami Law PC, you will meet privately with one of our lawyers who will review the reasons for your negative decision, advise you on your right to appeal to the Refugee Appeal Division, and discuss the strengths and weaknesses of your case.
If you have a right of appeal to the Refugee Appeal Division, you will be advised of the following important upcoming deadlines:
- You must submit your notice of appeal to the Refugee Appeal Division within 15 days of the date you received your negative decision*
- You must submit your refugee appeal record to the Refugee Appeal Division within 30 days of the date you received your negative decision*
*Please note: these timelines are currently impacted due to the COVID-19 outbreak – we will advise you on the current special measures in place by the Immigration and Refugee Board.
We recommend that you retain a lawyer as soon as possible after you receive a negative decision from the Refugee Protection Division, as there is a short timeline to file your appeal materials.
Representation On Your Appeal
After you decide that you want Gerami Law PC to represent you on your appeal, your lawyer will prepare your notice of appeal and submit your notice, along with a request for the audio of your hearing before the Refugee Protection Division if you do not already have a copy, and submit these to the Immigration and Refugee Board on your behalf.Your lawyer will also ask you to obtain a copy of your file from your previous lawyer and assist you in obtaining your file if you require assistance.
If you have already missed the deadline to either submit your notice of appeal or submit your appeal record, we can assist you in submitting an application for an extension of time to file or perfect an appeal. This must be done in writing and include the documents that you did not file on time. The Refugee Appeal Division will then consider the reasons provided and allow or dismiss your application for an extension of time.
Your lawyer will also discuss any new evidence you may wish to file on appeal and advise you in this regard. You may submit new evidence if you can show the following:
- The evidence arose after your refugee claim was refused
- The evidence was not ‘reasonably’ available before your claim was refused
- You could not have reasonably been expected to present the evidence before your claim was refused
If you plan to submit new evidence your lawyer will work with you to draft a statutory declaration which describes how you obtained this evidence and how it relates to your appeal. Your lawyer may also discuss whether requesting an oral hearing before the Refugee Appeal Division is recommended in your case.
Your lawyer will then review your previously submitted record before the Refugee Protection Division, including your personal evidence and country condition evidence and narrative. They may also listen to the audio of your hearing.
They will then prepare legal arguments challenging the Board Member’s decision, which may include breaches of procedural fairness, unreasonable findings, and errors in law and/or fact. If you submit new evidence on your appeal, your lawyer’s legal arguments will address why this evidence should be accepted and meets the legal test on new evidence on appeal.
Gerami Law PC will then submit your appeal record on your behalf and remain your point of contact between the Refugee Appeal Division until a decision is made on your appeal.
If new evidence arises after your appeal record is submitted, which you would like to present in support of your appeal, your lawyer may be able to advise on the merits of submitting an application of new evidence to the Refugee Appeal Division
If the Minister of Immigration, Refugees and Citizenship intervenes in your appeal, you have the right to reply to their intervention. Your lawyer will explain this process to you.
If The Minister of Immigration, Refugees And Citizenship Appeals Your Positive Decision
If the Minister appeals your case, Gerami Law PC will similarly assist you in challenging this appeal.
Will There Be A Hearing?
In most cases there is no oral hearing before the Refugee Appeal Division. The Refugee Appeal Division reviews the documents filed in support of your appeal and makes a decision on this basis. You may request an oral hearing and/or the Refugee Appeal Division can decide to have an oral hearing if the evidence filed in your appeal:
- Raises a serious issue about the claimant’s credibility
- Is central to the decision
- If accepted, would justify allowing or rejecting the refugee protection claim
Generally, a single member of the Refugee Appeal Division decides the appeal. However, sometimes there is a three-member panel.
In deciding the appeal, the Refugee Appeal Division can either:
- Confirm the decision
- Set aside the Refugee Protection Division’s decision and substitute its own decision
- Send the claim back to Refugee Protection Division for re-determination
The decision will be given in writing regardless of if an oral hearing takes place, and will be communicated to you by your lawyer with next steps, once it is received.
Express Entry: Best Practices
An Overview of What to Expect From Canada’s Express Entry System
Express Entry refers to a system for processing certain classes of applications for permanent residence. In order to be eligible to participate in this system, you must be eligible under one of the following classes: Federal Skilled Worker Class, the Canadian Experience Class, the Federal Skilled Trades Class, or the Provincial Nominee Program. If you meet the eligibility criteria for one of these classes, then you are eligible to participate in the Express Entry system.
Getting Started
If you meet the eligibility criteria for one of the classes, the first step in the process is to create an Express Entry profile. To create this electronic profile, you may be asked to provide the results of an approved, valid language test in English, French, or both. You may also need to provide some basic information about yourself including your:
- Name
- Nationality
- Date of birth
- Family composition
- Education
- Work history
- Where you plan to settle in Canada
- Settlement funds
- Contact information
You may also be required to provide additional details depending on your personal circumstances.
How Candidates Are Ranked
Once your Express Entry profile is completed, your profile may be entered into the Express Entry “pool” of candidates with all other individuals that have created and submitted an Express Entry profile. Based on the information you provide in your profile, you may be assigned a Comprehensive Ranking System (CRS) score. Your CRS score is used to asses your Express Entry profile and rank your profile against others in the pool with respect to your skills, education, language ability, and work experience, among other factors.
Your total score will be out of 1,200.
Every two weeks or so, Immigration, Refugees and Citizenship Canada selects the highest-ranking candidates from the Express Entry pool and invites them to apply for permanent residence. Individuals who are invited to apply for permanent residence receive what is called an Invitation to Apply (ITA). If you receive an ITA, you then have 60 days within which to prepare and submit a full permanent residence application. This includes completing all of the application forms and providing all required supporting documents electronically through the online account.
These documents may include copies of identity documents, police certificates, proof of upfront medical exams, work experience, education, funds, and payment of the fees, among other documents which may vary depending on your personal circumstances.
Once the completed application is submitted, the estimated processing time for a decision to be made is six months. The processing time is substantially shorter than many other permanent residence programs, which is why this program is called “Express” Entry.
Pitfalls of the Express Entry System
It’s Difficult to Qualify
One of the most significant pitfalls of the Express Entry system is that it doesn’t work for everyone.
There’s no fee to create an Express Entry profile and once your profile is accepted into the pool, it’s valid for 12 months. If your profile expires after 12 months, you can create a new profile and re-enter the pool.
However, unless your CRS score is among the highest-ranked candidates in the Express Entry pool, you may never receive an ITA, nor the opportunity to apply for permanent residence. In fact, the CRS score of the lowest-ranked candidate invited to apply for permanent residence has been upwards of 450 points for the six-month period prior to May 1, 2020. Furthermore, it is often difficult to know how you may be able to improve your CRS score, or whether you should consider pursuing other options for permanent residence.
Lack Of User Friendliness
Although the Express Entry system is intended to be user-friendly, there are many opportunities to make unknowing mistakes that can result in the refusal of your application. When you create an Express Entry profile, you may be asked to provide the dates of your work experience.
CRS points are often assigned based on full-year increments of your work experience, but the Express Entry profile system may assign you CRS points for a full-year of work experience that you do not yet have. Even if you subsequently complete that full year of work experience, being pre-maturely assigned CRS points that you aren’t due can result in the refusal of your application.
The Express Entry system also often requires you to identify whether you have skilled work experience according to the National Occupational Classification (NOC) system, in a Skill Type 0, or a Skill Level A or B position. You also may be required to identify which of the available NOC, four-digit codes are appropriate for your work experience. Providing sufficient evidence of your work experience that demonstrates that it fits within the NOC code you have chosen is essential to the success of your application. Declaring the incorrect NOC code to describe your work experience can result in the refusal of your application.
An Offer of Employment Isn’t Always Enough
Prospective Express Entry participants are often enthusiastic about the additional CRS 50 points that are awarded for having an offer of arranged employment. Perhaps you are already working in Canada and your employer is willing to offer you a full-time, paid, skilled position for at least one year after you become a permanent resident. Having a supportive employer is a useful asset, but that doesn’t necessarily qualify as an offer of arranged employment. Careful consideration must be given to the type of work permit or labour market impact assessment you have, and sometimes, also your work history with your employer.
How We Can Help
If you’re thinking about applying for permanent residence through the Express Entry system, consulting with an immigration lawyer can help set you up for success. In a consultation, we can help you assess your eligibility as a member of one of the applicable classes. We can do a preliminary calculation of your CRS score with you and help you to identify how you may be able to improve your score, or whether you may want to consider other permanent residence programs.
If you decide you want Gerami Law PC to help you with creating your Express Entry profile and apply for permanent residence if you receive an ITA, our lawyers are here to help. We can provide you with a customized checklist of documents to provide. We can also provide you with a questionnaire with the information you will be expected to provide for your Express Entry profile.
With this information, we can help you prepare your Express Entry profile and help ensure that if, and when, you do receive an ITA, you are ready with the information and documents you need to meet the 60-day deadline.
We can provide guidance on the documents you should expect to provide should you receive an ITA, as well as guidance on which documents you should start collecting immediately, and which you should wait to collect. We can also provide you with feedback on those documents you collect as they become available.
While your profile is in the Express Entry pool, we can even provide you with strategies for increasing your CRS points. We can also update your Express Entry profile with relevant changes in your circumstances.
Plus, upon receiving an ITA, we can help you to fill-out the application forms, get your documents ready to be submitted in order to best demonstrate that you have met all of the criteria for submitting a complete application and approving your permanent residence application. We can help to identify and address any issues about your case, if necessary. We can also provide a cover letter which explains how your application meets all of the requirements and why your application should be approved to help set you up for the best chance for success.
Amnesty International Speaks Out Against Canada’s COVID-19 Refugee Ban
Human Rights Organization Expresses Concerns About Blocking Refugees Despite Recent Exemptions
Canada’s decision to block certain asylum seekers from entering Canada has caught the attention of Amnesty International Canada, who is condemning the decision and describing it as a potential violation of Canada’s international legal obligations.
The international human rights organization spoke out in a news release last week after Canada made the decision to block refugees from entering Canada until May 21 to prevent the spread of COVID-19.
It’s important to note that since the initial ban was announced in March, the federal government has introduced exemptions by restoring provisions of the Safe Third Country Agreement (STCA) to allow some asylum seekers to enter Canada during the COVID-19 Pandemic.
Going forward, refugees crossing at land ports of entry that are exempt under the Safe Third Country Agreement are able to file claims in Canada, as will US citizens, stateless persons, and minors.
Despite the positive policy update, Amnesty International maintains that the measure puts some refugee claimants in danger and is out of step with public health measures.
“Although the government of Canada continues to insist that it takes its non-refoulement obligations seriously, there is no legal basis to support that claim,” said Marisa Berry Mendez, Tactical and Crisis Campaigner at Amnistie internationale Canada francophone in the Amnesty International press release.
“For weeks now, we have heard about an arrangement between the US and Canada, but the details have never been disclosed. There is a total lack of transparency about what happens to claimants who are denied entry at the border.”
A big concern is refugees being turned back and forced to return to the US where a concerning policy affecting refugees was recently enacted by the Trump administration.
The policy allows asylum seekers to be expelled from the country without a hearing to the “country of last transit or home country.” The policy also makes no exemptions for unaccompanied minors and has already been enforced to expel thousands of refugees.
It is not yet known whether asylum seekers that are refused entry into Canada at the US border are included in this policy, but it is likely that they will be affected.
“Is it acceptable for Canada to deny refugee protection claimants entry when they face the possibility of detention in inhumane conditions, or even summary expulsion from the US? We know there is a better way,” said Justin Mohammed, Human Rights Law and Policy Campaigner. “These refugee protection claimants could easily be subject to quarantines and testing right here in Canada, as is the case for other cross border travellers who are allowed to enter Canada.”
Refugee Claim Filings and Hearings: Best Practices
Steps to Take When Filing a Refugee Claim in Canada
Are you considering filing a refugee claim in Canada? Gerami Law Professional Corporation (PC) can help you navigate this complex process with its team of experienced lawyers who practice exclusively in refugee and immigration law. Our firm has successfully represented numerous refugee claimants through our effective process.
Starting Your Claim
Refugee Claimant Clients Who File Their Claims in Ottawa
After you have decided that you want Gerami Law PC to help you with your refugee case, you will meet privately with one of our lawyers who will listen to your story. Our lawyers are well versed in a trauma centered approach that allows space and time for our clients to share their stories. Your story will be drafted into a well written and clear narrative which will be sent to the Immigration and Refugee Board (IRB) as evidence of your claim.
Following this narrative drafting session, one of our assistants will send the necessary and up to date forms that must be filled out by each refugee claimant. We make ourselves available to our clients for any questions that they may have about the forms. Your forms will be reviewed several times before we meet with you to finalize and sign them.
After the forms and narrative are finalized, we will explain the filing process to you and meet with you at the Ottawa Immigration, Refugees and Citizenship Canada (IRCC) office, which is conveniently located just a block away from our office. We will take you to the filing office and wait with you to submit your claim. We understand that this stage of the process can be a stressful one for our clients and we are there to support you through this important step.
Once you have successfully filed your claim, you will receive a date for your eligibility interview. We will also explain what the eligibility interview process looks like and will accompany you to that interview.
Refugee Claimant Clients Who File Their Claims at the Border
For clients who filed their claim at the border, there is no Eligibility interview. Once you have filed your claim at the border, you will have only 15 days to submit your Basis of Claim/Narrative to IRCC. We recommend that you retain a lawyer as soon as possible after submitting your claim at the border to help you fill out your Basis of Claim and draft your Narrative in time for this deadline.
Next Steps
Once you have filed your refugee claim and attended your eligibility interview, there are several next steps that will give you a great chance of success.
Building Your Claim
Gathering Your Personal Documents
After you filed your claim, we will prepare and send you a personalized list of documents that could support of your claim. Such documents include identity documents, letters of support, photos, etc.
The purpose is simple: establishing your identity and proving the credibility of your claim. In other words, the Board Member who will decide your claim must be satisfied that you are who you are claiming to be, and that your fears and risks are real and credible.
It is not unusual for this process to take up to several months. In fact, depending on your personal situation, the nature of your risks, the type of documents suggested, the required translations, and the country you are fleeing from, some documents may take more time to gather than others. Our experienced team will accompany and advise you throughout this process.
Our team will also advise you in gathering and putting forth the most credible and compelling personal evidence you can reasonably obtain in your situation. We understand that every case is different, and we work closely with our clients to develop a strategy that is tailored to their particular needs. Our expertise in refugee law is key to ensuring the best possible chances of success and to help you avoid some trappings in navigating through the asylum claims system.
Your personal documents will be gathered and included in your Record, which will be subsequently submitted to the IRB ahead of your hearing.
The Situation In Your Country: Finding Documentary Evidence
In addition to your personal documents, your Record will contain documentary evidence showing the situation in your country. We have extensive expertise on country conditions research to support your claim. We will gather and review objective evidence which speaks to the political, economic and social circumstances of your country.
This objective evidence will help establish your risks and show there is danger in your country for you and other people of the same group or characteristics. Moreover, it helps to show that the discrimination and persecution you endured has been experienced by others.
Documentary evidence is also key to establishing that you will not benefit from state protection if returned to your country. It can also serve as evidence that you will suffer undue hardship if returned, even after relocating to another place in your country.
Finally, documentary evidence is useful to demonstrate the urgency of the risks you face. This can be particularly useful when a Claimant has filed their claim several years ago. Recent documentary evidence on the state of affairs in your country will show that the risks remain the same or that the danger has become greater since your arrival in Canada.
Documentary evidence is usually found in the National Documentation Package (NDP), a source of information curated by the IRB. In addition, our team will conduct further research to find the most up to date and credible sources of information as it relates to your claim, whether it is featured on the NDP or not.
Reviewing and Compiling The Record
Once your personal documents and documentary evidence are gathered, our team will diligently review your personal evidence and provide further advice if necessary. When reviewing your personal documents, our team will flag inconsistencies and determine which documents are most relevant to the claim. Our review will be conducted based on credibility, relevance, and respect of the rules.
For example, we will verify if you have provided a certified translation of your documents that are not in English or French, or we will ensure that every letter of support provided has an accompanying identity document to identity its author.
We will communicate with you regularly, and in some cases, provide further suggestions for new documents based on material changes to your situation. This can include having a child, receiving new threats, or having health issues.
Every case is different and our team will adapt our strategy to position you for a successful outcome.
Legal Submissions
Our advocacy work continues with the legal submissions which are drafted and submitted by our expert team. The legal submissions are part of your Record and provide an opportunity to plead your case. The legal submissions contain the key facts of your Narrative along with the relevant legal arguments, and rely on your personal documents and documentary evidence to show why you should be accepted as a refugee and granted protection in Canada.
This is great opportunity to shine a light on the stronger aspects of your case and to advocate on your behalf for the most challenging aspects of your case, if any. It is a great way to link together the foundations of your claim and to put forth a comprehensive case for the benefit of the Board Member.
Please remember that throughout this process, a Claimant must continuously respect the conditions imposed by IRCC – and in some cases, the Canadian Border Services Agency (CBSA) – in order to stay in Canada as a refugee claimant. One of the most common conditions is to update IRCC and the IRB (and sometimes CBSA) when you change your address or contact information. Our team will be happy to assist you by updating your records on your behalf with the relevant authorities.
Once the IRB announces your Refugee Hearing date, our team will meet with you for the final steps.
Your Hearing
Preparing the Claimant for their Refugee Hearing
Close to the refugee hearing, perhaps two to three weeks before the hearing date, a hearing preparation meeting will be scheduled to prepare the client for what to expect at the hearing.
Firstly, the client will be advised on exactly what to expect in terms of the logistics:
- What is the address of the IRB for the hearing?
- Who will be there to meet them to get them registered and what will the process be like?
- What will the hearing room look like and how big is it?
- Is there one decision-maker or more?
- How formal is it?
- Is the hearing recorded?
- Will there be breaks?
Secondly, the client will also be advised on what Board Members will explain about the hearing process. For example, the client should know that the Board Member will start by explaining that the various parts of the hearing, including:
- Taking an oath/affirmation by the claimant to tell the truth
- Ensuring that the claimant and the interpreter have spoken to each other and understand each other well
- Verifying signatures on the Basis of Claim forms and confirming that all the information provided therein is accurate, complete and truthful
- Preliminary background questions by the Board Member about the Claimant, such as name, nationality, highest level of education, any remaining family in their home country, any communications with family, and if so, how frequently
- Questions by the Board Member on the claimant’s fear of return to their country/former habitual residence
- Questions by Counsel to the claimant to seek clarifications
- Observations/submissions by the Counsel on behalf of the claimant
- If possible, a decision from the bench by the Board Member, and if not, preparation of the decision to be sent to the claimant at a later date
Thirdly, our lawyers will review the claimant’s narrative, forms, and any disclosure with the clients, highlighting the main areas of anticipated questioning.
With respect to the Narrative, if there are any inconsistencies or areas that may give rise to credibility assessment questioning, the clients will be advised accordingly. If there is any new evidence that has emerged since the narrative was drafted, the client may be advised to amend the Narrative ahead of the hearing, and this would be done as soon as possible.
With respect to the forms, one last review will be done to see if there are any errors identified by the claimant that need to be corrected, any missing information or gaps that still needs to be addressed will be taken care of. Again, if there are any issues to be addressed, this would be done right away.
With respect to any disclosure received, the lawyer and the client would have both reviewed the disclosure already, but in preparation for the hearing, any potential issues that can be anticipated will be discussed with the client. This includes any inconsistencies in the disclosure as compared to the information provided in the clients’ refugee claim. Disclosure can be the client’s previous TRV or Study permit applications and supporting documents previously provided, and information shared by US government officials, which typically relates to identity issues.
If the Minister has intervened in the case, then the grounds of intervention will be also disclosed and the Minister will indicate whether or not they will be appearing at the hearing in person. The Minister may provide disclosure specifically relating to the ground of intervention, and if the intervention relates to an exclusion ground, then disclosure and the particulars relating to and supporting the intervention will also be provided.
In such cases, preparation of the client will be much more detailed, particularly if the Minister will be appearing at the hearing to question the claimant. The client will be prepared on all the elements of the particular exclusion ground, the criteria that will be considered to decide the case and the evidence that the Minister has presented.
If any witnesses will be called at the hearing, the RPD will be notified at least 10 days before the hearing, along with the purpose of the testimony, the anticipated time required, the witness’s name, contact information and a piece of his or her identification.
Refugee Hearing
Refugee hearings are typically scheduled for a half day if the Minister has not intervened and there are no exclusion issues. However, it all depends on the particular Board Member and the issues that may emerge at the hearing. Some cases may be heard and decided on the same day by the Board Member, and others may require more time and possibly a continuation to a second hearing date. If the hearing does not conclude in one day, it’s essential to ask for the audio recording and review it ahead of the next hearing date, and also prepare the client a second time based on what has transpired in the first part of the hearing.
On the hearing date, the Board Member will start by introducing themself, referencing the claimants’ names and file numbers and explaining the purpose of the hearing, as well as the process to be followed. The process then unfolds by the Board Member’s questions relating to the case, testing the claimants’ credibility as well as questions relating to any other issues such as the possibility of state protection and/or internal flight alternative.
Counsel has an important role, namely making sure the questions put to the client are clear and respect the requirements of procedural fairness. If there are any issues that require counsel’s intervention, then an objection should be made along with the reasons for the objection. It’s important to note that many procedural fairness issues, such as inadequate interpretation issues and a reasonable apprehension of bias, require a timely objection by counsel at the hearing in order for the issue to be placed on record and potentially be relied on in an appeal later on.
After the Board Member has completed their questions, counsel will have a chance to ask questions. The type and details of questions will all depend on the particular case. In some cases, there may be very few questions if the claimant has already answered the Board Member’s questions well. However, if there were areas that the Board Member had concerns with and clarifications are needed, then counsel should address those areas by asking specific questions that help provide the necessary explanations and details.
If there are any witnesses being called, they can testify after the questions for the claimants have concluded. All witnesses have to wait outside the hearing room and are not permitted to hear evidence of the claimants before providing their own testimony. Most of the time claimants can provide supporting letters from their witnesses, but in some cases, it may be preferable for the witness to testify in person if they are available, credible, and on balance, can provide strong testimony in support of the refugee claim.
Finally, Counsel will be given an opportunity to make oral observations. What transpires at the hearing is critical to the counsel’s observations and what needs to be highlighted. For example, if the Board Member’s main area of focus is IFA, then that needs to be the focus of the counsel’s submissions. If the Board Member has concerns with the claimant’s identity, then of course, it needs to be carefully addressed by counsel, along with supporting jurisprudence in support of the case. For this reason, if Counsel has prepared written submissions, they should always be accompanied by oral observations, incorporating the evidence provided by the claimants, highlighting important aspects of their testimony, as well as the supporting documentation they have provided, and the relevant documentary evidence.
In some cases, Board Members will request some time to review the case and within 30 minutes to an hour, they may be in a position to render a decision. However, in many cases the Board Member may decide to reserve and render a decision, which will be mailed to the claimant in a few weeks. Even if an oral decision is provided, in all cases a written decision will follow as well.