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Key Preparatory Steps for Lawyers, Consultants and Clients

  1. TABLE OF CONTENTS –When preparing submissions include a detailed Table of Contents of the enclosures numbering the corresponding pages (either in your submission letter or separately including supporting documents) identifying the same pages in your Table of Contents. A litigator and the courts appreciate a well prepared and organized application package. It also ensures when CIC or CBSA vets the file you are in a position to cross check with your own records.
  2. PROVIDE THE FULL FILE – Always provide the litigator with a copy of the entire file, including all opposing disclosure, i.e.: failed refugee claims as the Board is oftentimes using updated disclosure packages, POE notes, which are often helpful in extracting points of contention.
  3. ATIP REQUESTS – Make it a habit to order a fewATIP requests as these are especially helpful in litigation. With files taking years to process this information will be updated so one request may not be sufficient. These allow the applicant an opportunity to know the case to be met before having to wait to review the Respondent’s Memorandum. It takes a great deal of time to receive the ATIP packages and almost always too long to await in preparing an Application Record for Federal Court or Refugee Appeal Division. Sometimes it is best to just order the GCMS in emergency circumstances as these can be produced much faster that the entire file.
  4. DOCKETING FILE – Always follow up any conversations with the Embassy, CIC Office or the Board with letters confirming conversations as it has often been the case where officers indicate they did not receive calls, etc or make the alleged statement. These will make it in to the file and be available in the ATIP request as well.
  5. INTERVIEWS – Always request in person interviews if an officer is making credibility assessments.
  6. CASE LAW – Look to case law for ‘language’ utilized by the Courts.
  7. REASONS – Always request full written reasons of the decision maker within your submission.
  8. MANAGE EXPECTATIONS –Although not anticipated or desirable, you must have the conversation with your client regarding a potential refusal before a refusal. It at least provides a frame of reference for the client in the case of a negative decision.
  9. RECONSIDERATION REQUESTS – Although requests for reconsiderations are often ignored or not considered on refusals, they are not ALWAYS ignored and can save your client the cost of litigation -although unlikely, still worth the letter.
  10. KEEP CURRENT – Know the latest case law in the area you are dealing with to ensure you have the latest interpretation of the law as it affects your client.

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