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UBC Immigration Law > #5 H and C, Appeals and Detentions > Flashcards

#5 H and C, Appeals and Detentions Flashcards

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1
Q

Removal Order Appeals are often made by

(1) PR
(2) FN with a PR visa

and (3) … persons

A

Protected

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2
Q

As a form of early resolution, alternative Dispute Resolution (ADR) is done as a

A

(informal) conference

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3
Q

The (IAD) Minister has the right to appeal *any* admissibility decision made by the Immigration Division (ID). That’s why *Minister’s Appeals* have been criticised as …

A

unfair

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4
Q

*H and C* relief is granted on a … basis and it is reserved for *exceptional* cases

A

discretionary

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5
Q

Removal order can be issued for failure to meet residency at
1.
2.
3.

A
  1. Inland
  2. Canadian POE
  3. Overseas (i.e. visa office)
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6
Q

The person subject to the hearing is *compellable* witness >> they __ __ __ __

A

must answer the question(s)

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7
Q

The IAD can (1) allow, (2) …or (3) stay an appeal

A

dismiss

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8
Q

Notice __ __ >> Notice to Appear

A

Notice of Appeal

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9
Q

*Designated FN* features … arrival under A20.1(1)

A

irregular

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10
Q

When determining if *H and C* grounds justify >> The IRCC officer must *NOT* rely on … evidence

A

extrinsic

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11
Q

… can*not* be appealed to the IAD

A

Detention reviews

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12
Q

The IAD’s decision is … on

(i) immigration officers in Canada
(ii) immigration officers abroad
(ii) the Immigration Division (ID)

A

binding (有約束力的)

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13
Q

Case of *Removal Order Appeal*

If the appellant demonstrates compliance (服從) with the prescribed conditions throughout the stay period

>> the IAD is likely to … the appeal

A

allow

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14
Q

Border guards work for …

A

CBSA

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15
Q

Notice of Appeal >> Notice __ __

A

Notice to Appear

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16
Q

Failing to meet residency obligations >> PR has a right to appeal to …

A

IAD

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17
Q

Counsel may seek permission to withdraw

(a) from the IAD in writing at least 3 working days before the hearing

OR

(b) … at the hearing

A

orally

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18
Q

(IRCC / CBSA) is in charge of >> administration of IRPA

A

IRCC / Immigration, Refugees and Citizenship Canada

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19
Q

A person subject to an admissibility hearing has a right to retain …

A

counsel (專業諮詢)

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20
Q

(Inland / Overseas) *H and C* applications must be considered by the Minister >> more likely to have a favourable outcome

A

Inland

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21
Q

Overseas Sponsorship Appeals are made by … or …

A

(Canadian) Citizens or PR

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22
Q

One of the IAD’s jurisdiciton is to hear and decide … sponsorship appeal

A

overseas

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23
Q

… Class applies to persons with status in Canada on a temporary resident permit (TRP)

A

Permit Holder

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24
Q

The IAD has the power to … or … the appeal

A

allow; dismiss

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25
Q

The IAD has the right to refuse

*appellant’s withdrawal of appeal*

where it considers the request to be an … of process

A

abuse

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26
Q

Minister’s Appeals are made by …

A

(the) IAD /

Immigration Appeal Division

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27
Q

The default *standard of proof* is …

A

balance of probabilities

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28
Q

(IAD / FC) can *NOT* accept new evidence

A

FC / Federal Court

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29
Q

*H and C* grounds do NOT extend to (1) … and (2)

A

EE; PNP

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30
Q

Procedural Fairness is protected by the (1) Common law and (2) …

A

Charter (of Rights and Freedoms)

31
Q

Under A173(c), almost any document can be cited as evidence at ID >> e.g. … i.e. rumours

A

hearsay

32
Q

Per A65, a decision-maker at the IAD must first establish that the applicant is in fact a member of the family class (under R…) … it can consider H&C grounds

A

R117(1);

before

33
Q

PR without a (i) valid PR card or (ii) … >> will NOT be able to board a plane

A

PRTD / PR travel document

34
Q

Inland H&C “submission” is termed …

A

H&C application

35
Q

Counsel must NOT

withdraw at the 11th hour and cause … to their clients

A

prejudice

36
Q

Applications made on *H and C* grounds in Canada do NOT … or … enforcement of any removal order

A

stay; defer

37
Q

Overseas H&C “submission” is termed …

A

H&C exemption request

38
Q

CBSA would detain a FN *without warrant* if they have reasonable grounds to believe the person concerned is unlikely to appear for (iii) examination at an admissibility hearing (iv) … from Canada

A

removal

39
Q

… persons are someone who can vouch (保證) for the person in jail

A

Bond

40
Q

A *purpose* of *H and C* grounds is to … the rigidity of the law

A

mitigate

41
Q

The *appellant* has to file a … to the ID member in 30 days (for most cases)

A

Notice of Appeal

42
Q

Appeals are only re-opened when the IAD failed to observe …

A

(a principle of) natural justice /

procedural fairness

43
Q

Allegations referred from the Minister’s Delegate (CBSA) >> … >> removal order

A

ID / Immigration Division

44
Q

Alternative Dispute Resolution (ADR) is an optional … process

A

appeal

45
Q

Cases that concern *refugee claimants* are held in …

A

private

46
Q

IAD’s jurisdiction to consider 4 types of appeals

A
  1. Removal Order Appeals 2. Minister’s Appeals 3. Residency Obligation Appeals 4. Overseas Sponsorship Appeals
47
Q

Hearings before the IAD are

(a) … in nature
(b) de novo, i.e. looking for new evidence

A

adversarial

48
Q

… is in charge of >> enforcement (執行) of the IRPA/R

A

CBSA

49
Q

A hearing before the ID is adversarial >> The Minister’s representative VS Person __ __ __ __ / his counsel

A

subject to the hearing

50
Q

Case of *Removal Order Appeal*

If the appellant is convicted of another serious criminal offence referred to in A36(1) while on a stay

>> the stay is cancelled by operation of law and

>> the appeal is … under A68(4)

A

terminated

51
Q

If the appeal is dismissed

>> Application for leave and __ __ to the FC can be filed within 15 days

A

judicial review

52
Q

An admissibility hearing begins with the *exclusion of any potential witnesses* from the hearing room >> called “prevention of …”

A

collusion

53
Q

CBSA would detain a FN *without warrant* if they have reasonable grounds to believe the person concerned (i) is inadmissible to Canada, or (ii) is a danger to the …

A

public

54
Q

(Inland / Overseas) *H and C* applications must be examined by the Minister under A25(1)

A

Inland

55
Q

A … is something that is *un*enforceable

A

stay (of removal)

56
Q

The only persons with a right of *Removal Order* Appeal (before the IAD) are __

who received a sentence *in Canada*

of __ __ __ __ __

A

PR;

less than 6 months imprisonment

57
Q

… groups* include: (1) Elderly persons (2) Pregnant women (3) Persons who are ill (4) Persons with disabilities

A

Vulnerable

58
Q

Relevant “H and C” factor(s) considered by the IAD are termed …

A

Ribic and Chieu factor(s)

59
Q

Appeals should be supported by

(1) documentary evidence*
(2) witnesses and __ __ __ __ __ __

A

the reason they are being called

60
Q

Each Detention Review is a … hearing

A

de novo

61
Q

Residency Obligation Appeals are made by …

A

PR(s)

62
Q

Immigration Division (ID) is a quasi-judicial …

A

tribunal

63
Q

CBSA officers carry out most arrests and supervise detentions at (a) POE, and (b) …

A

in Canada

64
Q

… need to establish that the decision being appealed should be

(a) overturned, or
(b) stayed (if it is a removal order)

A

Appellants

65
Q

Whenever possible, the IAD may contact counsel to facilitate __ __ of a case in order to manage the growing appeal inventory

A

early resolution

66
Q

… sets out removal orders *against FN*

A

R228(1)

67
Q

… has exclusive power to decide *all* inadmissibility cases against PR >> *apart from* those related to residency obligations)

A

ID / Immigration Division

68
Q

A hearing before the ID is … >> The Minister’s representative VS Person subject to the hearing / his counsel

A

adversarial (對抗的)

69
Q

… sets out removal orders *against PR*

A

R229(1)

70
Q

A detainee has a right to have their __ __ at regular legislated periods

A

detention review

71
Q

Under Article 8.4 of ICCRC Code of Professional Ethics

>> RCIC should not … the fact of having been consulted or retained

A

disclose

72
Q

Format of Detention review

>> … hearing conducted by a Immigration Division (ID) member

A

Oral

73
Q

A Minister’s Delegate (CBSA) may write a … report and refer the case to the ID that will determine admissibility

A

s. 44

UBC Immigration Law (14 decks)

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