Introduction

Question 1

What is the main difference for evolution in Canada?

Answer 1

Much more focus on regulation and enforcement

Question 2

Historically

Answer 2

• Past is really racist (especially against Chinese)

- Couldn’t come with mental health issues, low income, illegitimate, disabled

Question 3

3 key features of new immigration act

Answer 3

1) Enumerated a series of objectives they need to achieve to meet goals of immigration
2) Requirement for government to develop a plan for immigration
3) Organization of immigration into 3 categories

Question 4

3 Categories for immigration

Answer 4

1) Independent
2) Family
3) Humanitarian

Question 5

IRCC Policy Manuals

Answer 5

• not legally binding but still persuasive

- for lawyers processing applications and how to interpret the law and the facts

Question 6

Objectives of IRPA (s.3)

Answer 6

1) Strengthen and enrich cultural fabric of the nation
2) Support economic growth
3) Develop languages
4) Increase communities
5) Reunite families

Question 7

Objectives for refugee program (s.3(2))

Answer 7

1) Fulfill Canada’s international obligations
2) Offer safe haven
3) Have a fair and official procedure

Question 8

When did Canada Border Services Agency come into force?

Answer 8

After 9/11

Question 9

If detained by CBSA

Answer 9

The party can ask for a pre-removal risk assessment

Question 10

What is the countries larges admin tribunal?

Answer 10

Immigration and Refugee board

Question 11

Example of Immigration Division of IRB conduction an admissibility hearing

Answer 11

If someone working without permit CBSA issues report saying they believe inadmissible and then IRBC holds hearing to determine if they worked without a permit

Question 12

Practical application of immigration appeal division

Answer 12

• Backlog is huge (can take upward of 3 years)

- sometimes recommended you submit a fresh application

Question 13

Leave granted from federal court

Answer 13

Only 15% of cases. 80% of all fed court cases are immigration matters

Question 14

Grounds Federal Court may grant leave on

Answer 14

• Commission officer did not have or went beyond jurisdiction
• Failed to observe procedure of natural justice (procedural fairness)
• If officer erred in law in making their decision
• If they based their decision or order on erroneous finding of fact made
• Acted in fraud or perjured evidence
• Acted in any other way contrary to law

Question 15

What is the principal court for IM matters

Answer 15

Federal Court of Canada

Question 16

Example of Temporary resident permit

Answer 16

If executive in US needs to come to Canada for biz meeting but 3 years ago got a DUI

Question 17

Temporary resident permits are

Answer 17

Discretionary