26 Questions
According to the Immigration Division Rules, how soon must a detention review be held after a foreign national or permanent resident is detained?
Within 48 hours
Who can act as counsel for a detainee in a detention review under the Immigration Division Rules?
A lawyer or an ICRC in good standing of their professional societies
What is the purpose of a 'Designated Representative' under the Immigration Division Rules?
To act in the best interests of a minor or someone unable to understand the proceedings
Under the Immigration Division Rules, in what language can the proceedings be conducted?
Either English or French
What should the designated representative do if they cannot attend the scheduled hearing?
Inform the Division and request a rescheduling or appoint a substitute representative
If the Minister fails to provide the required documents within the stipulated time in an admissibility hearing, what may happen?
The hearing may be postponed, or the Division may proceed with the hearing based on the available information
Who is responsible for fixing the date of a hearing under the Immigration Division Rules?
The Immigration Division
When must a notice to appear at a hearing be provided to the concerned parties under the Immigration Division Rules?
At least 20 days before the hearing
What is the role of a counsel of record in proceedings under the Immigration Division Rules?
To represent the individual appearing before the board
Can the Immigration Division change the location of a hearing?
Yes, at the discretion of the Division
What is required for an application to be made under the Immigration Division Rules?
It must be made in writing
During an admissibility hearing for a minor, who will be appointed to act in their best interests?
A Designated Representative
In what languages can proceedings during a detention review be conducted?
Both English and French
What is the maximum time limit for the Immigration Division to provide a written record of decision after a detention review?
30 days
Who decides whether a hearing will be conducted in public or private?
The Immigration Division
Under what circumstances can hearings be joined or separated?
Based on related cases, detainee's request, or discretion of the Immigration Division
If a permanent resident or foreign national fails to appear for their Immigration Division hearing, what happens?
The hearing proceeds in their absence
What can a counsel for a detainee apply to challenge?
The legality of the detention
According to the Immigration Division Rules, who is eligible to act as counsel for a detainee in a detention review?
A lawyer or an ICRC or in good standing of their professional societies
What is the purpose of a 'Designated Representative' under the Immigration Division Rules?
To act in the best interests of a minor or someone unable to understand the proceedings
In what language can the proceedings be conducted under the Immigration Division Rules?
Either English or French
What should a detained individual's designated representative do if they cannot attend the scheduled hearing?
Inform the Division and request a rescheduling
If the Minister fails to provide the required documents within the stipulated time in an admissibility hearing, what impact does it have on the hearing?
The hearing may be postponed or proceed based on the available information at the discretion of the Division
According to the Immigration Division Rules, who is responsible for fixing the date of a hearing?
The Immigration Division
What is the purpose of translation services during hearings for detainees who are not fluent in English or French?
To facilitate the detainee's communication with the Immigration Division
Under what circumstances can the Immigration Division decide to conduct hearings in private according to the Immigration Division Rules?
If sensitive information is involved
Study Notes
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A detainee or their counsel can provide documents to the Immigration Division through mail, fax, or electronically. (d. Both b and c)
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A detention review for a permanent resident must be scheduled within 48 hours of detention.
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During an admissibility hearing for a minor, a Designated Representative will be appointed to act in their best interests.
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Proceedings during a detention review can be conducted in either English or French as per the detainee's choice.
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Counsel for a detainee can submit additional documents to the Immigration Division using various methods.
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In an admissibility hearing, if a detainee doesn't have a lawyer, they can represent themselves or have a legal counsel represent them.
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The Immigration Division has a maximum of 30 days to provide a written record of a decision after a detention review.
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The Immigration Division decides whether a hearing will be conducted in public or private.
-
Hearings can be joined or separated based on related cases, detainee's request, or discretion of the Immigration Division.
-
If a permanent resident or foreign national fails to appear for their Immigration Division hearing, the hearing proceeds in their absence.
-
A counsel for a detainee can apply to the Immigration Division to challenge the legality of their detention.
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Translation services are provided during hearings for detainees who are not fluent in English or French.
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The Immigration Division has a maximum of 30 days to provide the written record of a decision.
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The Immigration Division can decide to conduct hearings in private if sensitive information is involved.
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Hearings can be joined if the cases are related.
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The Minister must provide documents for an admissibility hearing at least 20 days before the hearing.
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A designated representative appointed by the Division can act as a representative for a detained individual.
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A detention review is conducted to review the reasons for and conditions of a person's detention.
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Hearings can be conducted in person, by teleconference or videoconference, or through written submissions.
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If a permanent resident or foreign national fails to appear for their hearing, the hearing may proceed in their absence.
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The first detention review for a detained foreign national must take place within 48 hours of their detention.
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If new evidence is presented during a detention review, the Immigration Division can reassess the reasons for and conditions of the person's detention.
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A detainee or their counsel can provide documents to the Immigration Division through mail, fax, or electronically. (d. Both b and c)
-
A detention review for a permanent resident must be scheduled within 48 hours of detention.
-
During an admissibility hearing for a minor, a Designated Representative will be appointed to act in their best interests.
-
Proceedings during a detention review can be conducted in either English or French as per the detainee's choice.
-
Counsel for a detainee can submit additional documents to the Immigration Division using various methods.
-
In an admissibility hearing, if a detainee doesn't have a lawyer, they can represent themselves or have a legal counsel represent them.
-
The Immigration Division has a maximum of 30 days to provide a written record of a decision after a detention review.
-
The Immigration Division decides whether a hearing will be conducted in public or private.
-
Hearings can be joined or separated based on related cases, detainee's request, or discretion of the Immigration Division.
-
If a permanent resident or foreign national fails to appear for their Immigration Division hearing, the hearing proceeds in their absence.
-
A counsel for a detainee can apply to the Immigration Division to challenge the legality of their detention.
-
Translation services are provided during hearings for detainees who are not fluent in English or French.
-
The Immigration Division has a maximum of 30 days to provide the written record of a decision.
-
The Immigration Division can decide to conduct hearings in private if sensitive information is involved.
-
Hearings can be joined if the cases are related.
-
The Minister must provide documents for an admissibility hearing at least 20 days before the hearing.
-
A designated representative appointed by the Division can act as a representative for a detained individual.
-
A detention review is conducted to review the reasons for and conditions of a person's detention.
-
Hearings can be conducted in person, by teleconference or videoconference, or through written submissions.
-
If a permanent resident or foreign national fails to appear for their hearing, the hearing may proceed in their absence.
-
The first detention review for a detained foreign national must take place within 48 hours of their detention.
-
If new evidence is presented during a detention review, the Immigration Division can reassess the reasons for and conditions of the person's detention.
Test your knowledge of the Immigration Division Rules with these mock questions and answers. Get prepared for the CICC Specialization Program exam by practicing with questions related to detention reviews and other important aspects of the rules.
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