home page
site map e-mail us about us Lawyers-BC home page
horizontal rule





Refugee Law links:
Main page
About the law
Articles
FAQs
Fees
Lawyers

And...
Other areas
Reference links
 

Refugee Law FAQs

(Frequently Asked Questions)
FAQ icon
  1. Can I apply for a work permit? How long does it take?

  2. Do I need to have a passport to make a refugee claim?

  3. What are the chances of having appealing a decision of the CRDD?

  4. How much time do I have to challenge the decision of the CRDD?

  5. Is a legal aid lawyer as good as a lawyer that I pay myself?

  6. Can I have legal aid and pay my lawyer the difference between the regular rate and the legal aid rate?

  7. Are there any other options if my refugee claim is turned down?

horizontal rule

1. Can I apply for a work permit? How long does it take?


You can apply for a work permit after you have filed a Personal Information Form for your refugee claim. You need to have a written job offer before you can apply, and it usually takes about 3 to 4 weeks to process.

Top of Page



2. Do I need to have a passport to make a refugee claim?

Not always. The CRDD knows that many refugees fleeing persecution in their home country can't get a passport.

Top of Page



3. What are the chances of having appealing a decision of the CRDD?

Usually very poor. You can have your decision by the CRDD reviewed by the Federal Court of Canada, but you must prove that the CRDD made a serious error in law or fact or that you were treated very unfairly at the refugee hearing. The odds of success in overturning a decision of the CRDD are less than 5%.

Top of Page



4. How much time do I have to challenge the decision of the CRDD?

You have 15 days after receipt of the written decision to file your application for leave to commence your application for judicial review with the Federal Court.

Top of Page



5. Is a legal aid lawyer as good as a lawyer that I pay myself?

Legal aid pays lawyers much less than their normal fees; in many cases, it barely covers the lawyer's overhead. Thus, a legal aid lawyer may not be able to spend the time that a privately hired lawyer would spend on a case.

Top of Page



6. Can I have legal aid and pay my lawyer the difference between the regular rate and the legal aid rate?

No.

Top of Page



7. Are there any other options if my refugee claim is turned down?

You may apply for consideration under the Post Determination Refugee Claimants in Canada Class Program. This program gives failed refugee claimants a chance to show that they would be at risk if removed from Canada. You have 15 days from receipt of a negative decision from the CRDD to apply for consideration under this program.

You may also apply from within Canada for permanent residence on humanitarian and compassionate grounds. You need to show that there are special reasons that justify approval of your application for permanent residence.

Top of Page



More questions?

Home | About Us  | E-mail Us  | Site Map  | Areas of Law  | What's New
Top of Page



Legal disclaimer:  The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions.

This page last updated: November 26, 1999
For more current information in 2004 go to CanadaVisaLaw.com


© copyright 1999 Lawyers-BC.Com Services Ltd.




Updated by Netpac.com 04/01/30