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ditheron

To self represent or to NOT self represent

Specifically today regarding self representation in front of the ​​​​The Immigration and Refugee Board of Canada (IRB) tribunal. Make no mistake, these are legal proceedings and the findings of any of the divisions within are bounding.


You want to save some money?  Stop buying Tim Hortons and branded clothing. Skip a meal or two. Break open the grandchildren’s piggybank.  Legal representation in a highly emotional setting is not a luxury.. unless you don’t really care which way the decision goes. Not that there are every any guarantees, representation or not, but why would you resist giving yourself every single advantage that you can?


I attended a hearing today in the Immigration Appeal Division, as an observer of grandparents who are at risk of losing their PR because they have not complied with the residency obligation of remaining in Canada for 730 days within a 5-year period.

My heart ached as they tried to navigate the potholes and instead fell face first right into them. Not one, not two but several of them. Easily avoidable, easily fixed, yet.


Their case, based on humanitarian and compassionate grounds was strong but they did not provide the correct evidence.  When answering questions, they waffled and often did not make the point that was in fact true, instead missing the opportunity.


To cement the potholes, their opportunity at time of submission was weak and basically a summary of what was already said, including rather than answering the weak points that the Ministers representative had already shoved down a hole. Not understanding that they had a second chance at correcting the perceptions because “ the person with onus has last word”… this opportunity too went right over their heads.

 

For the love of God, these are legal processes. Everything you say goes onto the record. Everything you miss goes onto the record.  Everything you claim must be supported by evidence.


When friends and adult children tell you that you can do it, yes you can.. but does this mean that you should? NOOOOOOO. Would you listen to your son when he says that you can dig into your throat and pull out a frog? Why then for life changing decisions put a skillset that you do not have, to the test. This is our job. This is our training. This is our expertise. Invest at least in a consult and get prepared for your hearing.




 

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