IMM 102 Final Test- 2module question with answers

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CDI College - Mississauga *

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IMA102

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Law

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May 4, 2024

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pdf

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IMM 102 Final Test Review A -87 marks 2 Module question and answer 1. You may call witnesses at your admissibility hearing. You must give a list of witnesses that you plan to call to CBSA and the Immigration Division. This list must be given at least five days before your hearing. (No there is no time line for witness list) - FALSE 2. The turnaround time to appeal a tribunal’s decision to a court is 45 days. (No 30)- FALSE 3. ADR is not conducted for most removal order appeals. (Only for sponsorship) FALSE 4. You can NOT make a residency obligation appeal if a Canadian overseas visa office found that you did not meet your residency obligation as a foreign national. True-Cannot appeal from outside the country, but can from inside 5. An Early Resolution Officer’s (ERO) role is to find practical and efficient ways to resolve appeals or move them forward towards a conclusion. TRUE 6. The RPD has a process under its expedited policy that can be used in specific circumstances to accept a claim for refugee protection without a hearing. This process allows RPD members to grant refugee protection without carrying out confirmation of security screening. (It has such a process but there must be a screening prcess) TRUE 7. A party would like the court to re-weigh the credibility of the witnesses is a common reason for challenging a decision? (No, you can not review credibility) 8. Immigration appeals are NOT usually open to the public. T 9. To provide a performance bond, your bondsperson must be a Canadian citizen,a permanent resident or a temporary resident of Canada. (No you have to be a citizen)
5 MULTIPLE CHOICE XA -the phrase defined as “harm that cannot be quantified in money terms or cannot be rectified by payment of compensation for the harm suffered” refers to irreparable harm - one looka to determine who has the right to initiate judicial review proceedings in Ontario ? under the Statutory Powers Procedure Act Fedral- Immigration Refugee Protection Act -the term that describes a court’s willingness to accept a decision of an agency rather than substitute a decision of its own, despite the fact that the court may not agree with the decision is called deference Higher Level of court- Decision agency. Following the higher court decision is called deference. -How long must a review take place after a decision is made pursuant to s. 21.2 of Ontario’s Statutory Powers Procedure Act? There is no time limit under this act. -the statute which governs the judicial review of federal departments, boards, commissions, and tribunals is the Federal Courts Act -hearings before the Immigration Division are NOT quasi-judicial and ARE non adversarial XB Multiple Choice 10-15 10. In the case of decisions of agencies other than tribunals • the applicant for judicial review must usually have direct and substantial interest in the decision. 11.The turnaround time to appeal a tribunal’s decision to a court is 30 days. 12. The 2 options for challenging the decision of a tribunal before a court are judicial review or appeal 13. The CBSA officer may detain a permanent resident or a temporary resident whois unlikely to appear for an examination, hearing or removal.
14. It would be false to say: “Unlike port-of-entry officers, IRCC inland officers have the authority to decide the legitimacy of a refugee claim. “ (only board members determine credibility, inland officers are limited to matters of eligibility) 15. An appeal is usually accompanied by an automatic stay of the tribunal’s decision? True X-Short Answer Questions 16-33 16 What Is The RAD? Refugee Appeal Division hears appeals of lst level RPD hearings 17 2 Steps Involved In The RAD Process 1- file your notice of appeal to the RAD no later than 15 days after the day on which you received the written reasons for the RPD decision 2-perfect your appeal by providing your appellant’s record to the RAD no later than 30 days after the day on which you received the written reasons for the RPD decision 18 What Is The RPD Process? lst level hearing for refugee claim 19 Appeal Process For Res Oblig Outside You must stay outside Canada and have Canada? lawyer in Canada represent you at Federal Court of Canada. 20 What Is An Abandoned Claim? When you do not file your proceedings within the required time line you are deemed to have given your rights to the proceedings continuing. 21 What does it mean to appeal to RAD? 1-Minister Rep appeals finding of credible refugee claim at first level, 2-applicant who was not recognized at first level as refugee appeals to second level for reconsideration 22 Purpose of National Documentation Provides neutral up to date info on the Package? political situation in the refugee applicant’s country of origin 23 Closing Argument at RAD? Opportunity to highlight strengths of your case and present any case law you think relevant to support appeal arguments
24 Stated Case means? A tribunal “states a case” by asking a court to clarify or resolve an important point of law that is being raised before the tribunal. 25 alternative to detention means? means conditions a party must conform to on release to stay released 26 functions of IAD? To hear appeals in regards to: sponsorships, removal orders and 27 inland office refugee claim residency obligations for claims at an inland office, the claimant is already in Canada, the RPD hearing must take place no later than 30 days after the day on which the claim is referred, the refugee application must be fully completed before it is given in 28 standard of correctness One of the 3 tests outined n te Dunsmuir case that a court can use to determine whether it should review a decision referred to it, it says: if the decision is correct when there is only one right answer and the agency gave that answer 29 Removal Order Stayed The subject of the removal order can remain in Canada indefinitely (if stay is indefinite) or until the expiration of the term of the stay(day stated as last day person can stay in country) 30 expert witness at RAD This is someone who has a professional expertise to provide an opinion based on their area of expertise, i.e., doctor, their evidence is introduced in person or by reports if consented to by all parties, report will also contain professional’s curriculum vitae 31 Who can appeal a removal order Subject of the removal order, Minister, Minister’s Representative 32 What happens if a residence The applicant’s removal order is reapplication is dismissed activated automatically and they must leave Canada, 33 What happens once released from You remain released on any specified detention conditions for release or if none, you
must remain available at all times for contact by the Immig Ministry and show up at the hearing or your removal order is activated and you are no longer eligible to stay in Canada XA-Short answers 16-35 16. What is the purpose of BOC form and why is it important? serves as basis of claim, organizes all info Please explain. 17. 2 steps in RAD process 1- file your notice of appeal to the 18. Please describe five situations when you cannot appeal an RPD rejection: RAD no later than 15 days after the day on which you received the written reasons for the RPD decision 2-perfect your appeal by providing your appellant’s record to the RAD no later than 30 days after the day on which you received the written reasons for the RPD decision 1-you are a designated foreign national 2-your refugee protection claim was 19. How to perfect an appeal to the RAD? withdrawn or abandoned 3-the RPD decision says that your claim has no credible basis or is manifestly unfounded 4-you made your claim at a land border but you came from a safe third country.(with the United States and the claim was referred to the RPD as an exception to the Safe Third Country Agreement ) 5-the Minister made an application to cease (end) your refugee protection, and the RPD decision allowed or rejected that application -means that you complete an
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