Legal Aid Funding Support

If you are in Canada and you fear returning to your home country because of who you are or who you love, you have the right to ask for protection. Refugee protection is available for people who are at risk of persecution based on their sexual orientation, gender identity or expression, sex characteristics (SOGIESC), or HIV status, among other reasons.

This process can be overwhelming, confusing, and deeply emotional, especially for LGBTQIA+ people navigating displacement, trauma, and systems that may not always feel safe. We hope this guide will help you understand what to expect, how to prepare, and what your rights are along the way.

If you cannot afford a lawyer, you may be eligible for Legal Aid funding. In British Columbia, Legal Aid BC provides free lawyers to refugee claimants who meet the eligibility criteria. This may change if you move to another province, as each province has its own legal aid program.
Legal Aid is generally available to claimants who:

• • Have a strong chance of being accepted as a refugee
  • Cannot afford to pay for a lawyer on their own

When you apply, Legal Aid staff will conduct a short interview to assess your financial situation and your need for protection. You can apply in person or over the phone:

• • Website: www.legalaid.bc.ca
  • Phone: 604-408-2172 (or toll-free 1-866-577-2525)
  • Office: Visit your local Legal Aid office at 425 – 510 Burrard Street Vancouver BC V6C 3A8

If your application is denied the first time, you can appeal the decision within 30 after being denied. Many people are successful after appealing, especially if their situation changes or they provide additional information. Legal Aid usually contacts applicants within two weeks of the initial request via email.

You are not eligible for Legal Aid if:

• • You have enough savings or income to pay for a lawyer
  • You are from a country that Canada considers “safe”
  • You have other safe alternatives besides seeking refugee protection
  • You cannot clearly explain your need for protection

This is common, and it is worth appealing if you believe you were unfairly denied.

Many LGBTQIA+ friendly lawyers accept Legal Aid certificates. If you already have a specific lawyer in mind, you can tell Legal Aid during or after your intake interview — they will do their best to assign you to that lawyer if they are available. If you don’t have a lawyer yet, Legal Aid will assign one for you — often someone experienced with LGBTQIA+ refugee claims and familiar to Rainbow Refugee.

Please note that The number of hours a lawyer can spend on your case through Legal Aid is limited. It’s common for lawyers to help you quickly start the process and then reduce communication until closer to your hearing date. After your refugee hearing, your relationship with your Legal Aid lawyer will officially end. If you need help applying for Permanent Residence or appealing a decision, you may need to pay privately.