Area of Law: Immigration and Refugee Law
The 519 is committed to health, happiness, and full participation of the 2SLGBTQ+ communities. A city of Toronto agency with an innovative model of Service, Space and Leadership, they strive to make a real difference in people's lives, while working to promote inclusion, understanding and respect. To learn more about the 519, check out their website here: https://www.the519.org/
Over the past decade there have been various legislative changes that have resulted in significantly increased wait times for refugee claimants from the time of application to the date of their hearing. The 519 Refugee Mock Hearing Program provides support and guidance to LGBTQ+ refugee claimants. The individuals supported through the mock hearing are claimants who have an upcoming hearing with the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) to determine whether they can be granted Convention Refugee Status based on their Sexual orientation, gender identity/expression and/or sexual characteristics (SOGIE-SC claims).
This program allows individuals to get guidance on how to effectively tell their life experience to a stranger through written and oral testimonies. The mock hearing provides an opportunity for claimants to get assistance with drafting/structuring their narrative/claim; have a paper review claim or a simulated hearing with the student volunteers and lawyer supervisor - a practicing immigration and refugee lawyer in the province of Ontario. The objective of the mock hearing is to familiarize claimants with the hearing process in an affirming environment and provide an opportunity for the claimant to take a more critical look at the implications of their claim.
Student volunteers are expected to provide guidance to claimant on how to structure their claims; to review the claimants Basis of Claim (BoC) prior to each mock hearing. They are also expected to review the IRB's National Documentation Package for the country the claimant is seeking to be protected from. Student volunteers will then identify any key issues and draft questions which may be explored during the mock hearing. They will be expected to consult with their supervising lawyer prior to each mock hearing/paper review.
During the hearing, Student Volunteers will play the role of observer and/or client representative. This will entail advocating for the client, providing a brief introduction and explanation of the hearing process, taking notes during the mock hearing, and debriefing with the client and supervising lawyer to provide feedback. Depending on the student's comfort level, there may be an opportunity to play the role of adjudicator as the student progresses, allowing the Supervising Lawyer to take on the role of counsel for the claimant (this will be at the discretion of the Partner Organization and Supervising Lawyer). Mock Hearings will be approximately 3 hours long and determined on fixed dates in conjunction with the Partner Organization. The total prep time for each hearing is 3-4 hours.
Time Commitment
- Students are expected to volunteer up to 5 hours per week. Regular shifts will be determined in conjunction with the partner organization depending on when the mock hearing will be scheduled. Mock hearings are scheduled based on the availability of the supervising lawyers, student volunteers, and the client. Generally, mock hearings take place on Thursdays. Student volunteers will be assigned two mock hearings per month and are expected to work with the partner organization to determine which dates are most appropriate.
- All mock hearings are currently being conducted virtually using The 519's Zoom or Teams platform. Students and their supervising lawyer can connect via phone or email. The 519 will assess returning to in-person hearings and other opportunities with students as they progress, based on accessibility, availability and willingness.
- The mock hearings take place twice per week, on Thursdays, 5:30 - 8:30 pm. Student volunteers will be assigned two mock hearings per month and are expected to work with the partner organization to determine which dates is most appropriate to meet before the hearing. Student volunteers are expected to arrive/sign-in on time, and discuss any questions they have. It is an expectation that the student volunteer will meet with the supervising lawyer/organization at least once per month to provide an update open cases and seek guidance as needed. Student volunteers should take the initiative to schedule predetermined meeting times with the partner organizations contact at the outset of their placement. This timeline is subject to review and may change due to program expansion or community demands.
Required Training
In addition to the PBSC mandatory training, students will be expected to attend specialized training conducted by the 519 prior to commencing this placement. The 519 training will cover the following elements: (1) The 519 Equity, Diversity and Inclusion Training, (2) Trans 101 Training, (3) Trauma Informed Advocacy training. The 519 training date will be during the first or second week of October. This training is mandatory. Additional training and support will be provided on an as-needed basis, and at the discretion of the Partner Organization.
Number of Students and Prerequisites
- Three students (students may be working with students from Osgoode Hall Law School and Lincoln Alexander School of Law)
- Can first year law students volunteer?
- No - this project is designed for upper year students
- No, however additional languages are an asset.
- Any other expectations for this project?
- Student volunteers must have completed at least their first year of law school. Preference will be given to student volunteers who have taken or are enrolled in an immigration and refugee law course and have taken administrative law, human rights law, and immigration and refugee law. Clinical placement experience is a bonus.
- Given the background of clients being served, the 519 welcomes applications from trans and gender diverse, Black or POC students. Volunteers selected must demonstrate ongoing and meaningful allyship with the Two-Spirit, Trans, non-binary and non-gender conforming and gender diverse communities. Volunteers must have strong organizational and time management skills, strong attention to detail, record-keeping and communication with supervisor skills, and experience with client relations or communications. Assets include: personal or professional experience working with Two-Spirit, Trans, non-binary, and non gender conforming communities; experience in clinical, client-facing, and/or tribunal setting; social work background - experience working with LGBTQ+ communities and survivors of trauma; and a strong sense of anti-oppression principles.