Immigration Law

Question 1

S. 33 of IRPA

Answer 1

Interpretive aid in the admissibility context - says it’s on a reasonable grounds to believe standard that there is admissibility concerns, by omissions and failures as well as actions

Question 2

Two kinds of subversion

Answer 2

1. Supervision by force of any government
2. Act of supervision (not including force)

Question 3

Foreign national

Answer 3

Covers temp resident, refugee claimant, protected person, refugee, undocumented person

Question 4

Temporary resident

Answer 4

International student, foreign worker, visitor

Question 5

Naturalization

Answer 5

Become citizen by application

Question 6

Ministerial instruction

Answer 6

The minister issuing special instructions to immigration officers to enable the gov to “best attain its immigration goals”

Question 7

Conditions imposed on all temporary residents

Answer 7

a. To leave Canada by the end of the period authorized
b. to not work, unless authorized
c. if authorized to work, not engage in sex work
d. to not extend the employment agreement
e. To not study unless authorized by the act
d. Comply with all the requirements

Question 8

S.183 of the Regulations

Answer 8

Conditions automatically imposed on a visitor

Question 9

S. 7 of the regulations

Answer 9

Requirement to get a temporary resident visa, which you need before you can enter Canada on a temporary basis

Question 10

Temporary resident via

Answer 10

The only way to come into Canada if you’re not exempted from getting a visitor visa

Question 11

Temporary resident permit

Answer 11

Different from a temporary resident permit – this is something you can get right on entry (ie, US citizens can just show up and get this)

Question 12

What you need to be given a study permit

Answer 12

1. Acceptance at a designated learning institute
2. Will leave at the end of authorized study
3. Genuine interest to study
4. Sufficient funds for tuition, living expenses and transportation

Question 13

Some of the exceptions for needing a work permit to work in Canada?

Answer 13

Religious workers, charitable workers, students working on campus, guest speakers, performing artists for limited event

Question 14

Two ways to sponsor a family member

Answer 14

1. Direct sponsorship - where the sponsor is already a pR or a citizen of Canada and the applicant (generally) lives abroad
2. Accompanying family member

Question 15

Two ways for an adopted child to get status in canada

Answer 15

1. Direct grant of citizenship
2. Sponsorhip

Question 16

Factors that may be considered when looking at whether at adoption is “genuine”

Answer 16

1. Motivation of adopting parent
2. Motivation of biological parent (lesser extent)
3. Authority of adopting parents over child
4. Relationship of the adopted child with biological parents
5. Treatment of adopted child vs biological child
6. relationship between adopted child and the adopting parents before the adoption
7. Changes to the status of the adopted child
   8Arrangements taken by adoptive parents for caregiver of child

Question 17

Lengths of undertaking

Answer 17

Spouse - 3 years
Dependant child over 22 - 3 Years
Younger than 22 years of age for other dependant children - 10 years
Parent/grandparent - 20 years

Question 18

Parent or grandparent super visa

Answer 18

A deterrent method for sponsorship – multiple entry, longer entry period often

Question 19

NOCs

Answer 19

National occupational classification - Standardised system that defines more than 35k jobs in 500 occupational group descriptions, Matrix organised to show occupation skill types and skill levels for different jobs.

Question 20

Grounds of inadmissibility and the sections covering them

Answer 20

a. National security
b. Human rights violations
c. Criminal inadmissibility
d. Medical
e. Burden on social services
f. Misrepresentation
g. Non compliance with the act
h. Inadmissible family member

Question 21

Components of a crime against humanity

Answer 21

1. Enumerated act
2. Act committed as part of a widespread or systemic attack
3. Attack was directed against ANY civilian population or identifiable group of people
4. Person committing the prescribed act KNEW of the attack