Real cases Flashcards
Jaheda is a FN who is inadmissible under paragraph 40(1)(c) of the Act on grounds of *misrepresentation*. What type of removal order could be issued against her?
Deportation
Scarlett was sponsored to Canada by her spouse, Ryan. She became a PR in January 2014. The two separated in 2016 but never filed for a divorce. Scarlett found love again with Mark of France. They began residing together in January 2018 and she wishes to sponsor him to Canada now. Does Scarlett qualify as a sponsor? Why?
Yes >> because 5 years *have passed* since Scarlett becomes PR >> i.e. 2014, 2015, 2016, 2017, 2018
As a RCIC, Franny writes an argument to the Federal Court (FC) to help his desperate client, Patrick, who has to be removed from Canada. When writing the argument, Franny tries to find a lawyer to take Patrick’s case. Is Franny in breach of any of the ICCRC Code of Professional Ethics?
Yes
as RCIC can*not* practise before the FC
(under Article 7.2)
As a Hong Kong SAR passport holder, Carrie and Joan (HKIEd) flew to Toronto, ON *with their eTA* for their studies in 2009 - only to learn that they had forgotten to apply for study permit. Can they apply for their student status at the POE, i.e. Pearson International Airport?
Yes, visa-exempt FNs have flexibility to apply for student/worker status at POE
As a PR of Canada, if I fail to comply with my residency obligation in 2021, what government organization in Canada might be against me?
CBSA (not Immigration Division)
As a PR of the US, does Ivy Wong (YTT) need to apply for eTA before flying to or transiting through Canada?
Yes >> she is a *PR* of the US only
As an English major at HKIEd, Daniel has to finish an immersion semester of 15 weeks at York University (Toronto). Does he need a study permit? Why, or why not?
No, because his program of studies is less than 6 months
Beck Wong (IVE) wants to immigrate to Canada with his family. As his RCIC, Mark prepares for all the required documents and applies for permanent residence for his family. But Beck fails to pay the required fee. As such, Mark hires a collections agency to pursue Beck for the fee. Is Mark in violation of the *ICCRC Code of Professional Ethics rules*?
No
What does British National Overseas (BNO) passport holders need before flying to Canada?
eTA
As a federal skilled worker (FSW), Mark became a PR in December 2018. If he meets his residency obligation, how will he become a Canadian citizen?
By naturalization
Mark and his spouse, Yan, sponsored Mark’s parents for permanent residence under the parental class. Mark’s father, Biu, was the principal applicant. His mother, Chun, was the accompanying spouse. The application was refused based on medical grounds because she has a heart condition. They all want to file an appeal on H&C grounds. Who should file the appeal?
Mark, because he is the *sponsor*
Eddie sponsored his parents from Hong Kong to Vancouver, BC. They signed the sponsorship agreement on January 27, 2017. The parents became permanent residents of Canada on February 14, 2019. When does the sponsorship undertaking end?
February 13-14, 2039
Under A44(2), a removal order was made against Mark for failing to comply with his residency obligation under A28. What type of removal order was issued against him?
Departure
Valery Wong (HYK) earned all her academic qualifications in Hong Kong. Now she wants to immigrate to Canada. As she wants her credentials to be recognised in Canada, she submits all the required documents to World Education Services (WES). WES is an example of … report
Educational credential assessment (ECA)
Akwasi completed her sentence in March 2016. After how many years since sentence completion, may she apply to satisfy the Minister that she has been *rehabilitated*?
5 years
