IRB Exam Prep Questions Flashcards
No Timeline Related Questions or Code of Professional Conduct Questions
The Immigration Division (ID) shall not order the release of a permanent resident or a foreign national unless satisfied of what 4 criteria?
a. they are a danger to the public (A58(1)(a);
b. they are unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) (hereinafter “unlikely to appear”); (A58(1)(b)
c. the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality (A58(1)(c))
d. Identity of foreign National not established (A58(1))(d)
Reference: https://irb.gc.ca/en/legal-policy/policies/Pages/GuideDir02.aspx#s2
Do Members need to actively consider and reassess alternatives to detention (ATDs) at each review?
Yes. This may include reassessing ATDs previously considered and refused at previous detention reviews if those ATDs are still available, recognizing that circumstances may change from one review to another.
Can the lack of established identity prevent an alternative to detention?
The lack of an established identity does not mean that a member may not consider ATDs.
Where conditions of release are imposed, what should they include?
Should include (1) provide an address and reside at that address; and (2) advise CBSA of a change of address prior to moving. Guideline 2: 3.2.1
A person who posts a guarantee must met what requirements?
(a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;
(b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and
(c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.
R47(2): https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-8.html#docCont
An officer, the Immigration Division or the Minister must consider what factors in assessing whether the person who posts a guarantee has the ability to ensure that the person, in respect of whom the guarantee is required, will comply with the conditions imposed?
(a) their relationship to the person or group of persons in respect of whom the guarantee is required;
(b) their financial situation;
(c) any previous history posting a guarantee;
(d) their criminal record; and
(e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed.
R47(4): https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-8.html#docCont
What convention must members take into account the best interests of any child as an important consideration in any detention-related decision of the parent or guardian?
The Convention on the Rights of the Child
Guideline 2: 4
Does a person need to have been declared ‘vulnerable’ to be provided with accommodations?
There is no need for a person to have been declared “vulnerable” pursuant to the Vulnerable Persons Guideline in order to take account of a mental health condition or other vulnerability that is either established by the evidence or apparent in the hearing context.
Where the person concerned is under 18 years of age or the person is unable to appreciate the nature of the proceedings what must a member do?
Members must designate a representative.
Guide 2: section 6
When determining whether a person concerned is unable to appreciate the nature of the proceedings, the member should consider what factors?
- whether the person concerned can understand the reason for the proceeding and can instruct counsel;
- the person concerned’s statements and behaviour at the proceeding;
- expert evidence, if any, on the person concerned’s intellectual or physical faculties, age or mental condition; and
- whether the person concerned has had a representative designated for a proceeding in another division of the Board.
In determining whether to issue a stay of removal for a permanent resident, the Immigration Appeal Division (the “IAD“) can consider humanitarian & compassionate factors. What are the two (2) leading cases on this matter?
Ribic v. Canada (Minister of Employment and Immigration), [1985] I.A.D.D. No. 636
and
affirmed by the Supreme Court of Canada in Chieu v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 84.
What are the Ribic factors?
a. the seriousness of the offences leading to the deportation order;
b. the possibility of rehabilitation;
c. the length of time spent in Canada and the degree to which the appellant is established here;
d. the family in Canada and the dislocation to the family that deportation would cause;
e. support available to the appellant, within the family and within the community; and
f. potential foreign hardship the appellant will face in the likely country of removal.
All documents used at a proceeding must be in which languages?
25 (1) All documents used at a proceeding must be in English or French or, if in another language, be provided with an English or French translation and a translator’s declaration.
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/page-2.html#h-691480
A response to a written application must be in what form/method?
Written
In a written response what must the party include to the Division?
(a) state the decision the party wants the Division to make;
(b) give reasons why the Division should make that decision;
(c) include any evidence that the party wants the Division to consider when it decides the application; and
(d) include supporting evidence in the form of a statutory declaration or affidavit, if the response is to an application that is not provided for by these Rules.
