Immigration Division Admissibility Rules
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Questions and Answers

What is the first action the Minister must take when a resident is removed from Canada before a detention review?

  • Inform the resident of their rights
  • Schedule a new detention review
  • Notify the Division immediately (correct)
  • Send a copy of the removal order to the resident

    • When does a decision made orally during a detention review take effect?

  • At the conclusion of the hearing
  • When it is communicated to the public
  • When a Division member states the decision (correct)
  • When it is signed by the resident

    • What must be included in an order for detention or release?

  • Applicable provisions of the Act (correct)
  • The ID of the officer who made the decision
  • A summary of previous cases
  • Reasons for the decision

    • What is the time frame for a party to request written reasons for a decision after it takes effect?

    <p>Within 10 days</p> Signup and view all the answers

    What type of request can a party make at the end of a detention review?

    <p>Request for written reasons for the decision</p> Signup and view all the answers

    When does a written decision made during a detention review take effect?

    <p>When the member signs and dates it</p> Signup and view all the answers

    What is the purpose of the notification provided to the parties at the conclusion of a detention review?

    <p>To communicate the member’s decision</p> Signup and view all the answers

    Which of the following statements is true regarding the process of requesting written reasons?

    <p>A request can be made either orally or in writing</p> Signup and view all the answers

    What must counsel do in order to withdraw as counsel of record?

    <p>Submit a written notice to the Division and Minister</p> Signup and view all the answers

    What must the Minister do to withdraw a request after substantive evidence has been accepted?

    <p>Submit a written application to the Division</p> Signup and view all the answers

    When does counsel cease to be counsel of record upon withdrawal?

    <p>As soon as the Division receives the written notice</p> Signup and view all the answers

    Under what circumstances can the Division allow the reinstatement of a withdrawn request for an admissibility hearing?

    <p>If there was a failure to observe a principle of natural justice</p> Signup and view all the answers

    What is required for a permanent resident or foreign national to remove their counsel of record?

    <p>Submit a written notice to the Division and the Minister</p> Signup and view all the answers

    At what point does the counsel stop being counsel of record for a permanent resident when removed?

    <p>When the Division receives the notice</p> Signup and view all the answers

    What type of application must the Minister submit to reinstate a withdrawn request?

    <p>A written application</p> Signup and view all the answers

    What is the definition of counsel of record?

    <p>The lawyer recognized in legal documents as representing a specific client</p> Signup and view all the answers

    Which principle must be established for the Division to allow the reinstatement of a withdrawn request?

    <p>Principle of natural justice</p> Signup and view all the answers

    Which action does NOT need to be taken by counsel who wishes to withdraw?

    <p>Wait for the Division's confirmation</p> Signup and view all the answers

    What happens if no substantive evidence is accepted regarding the withdrawal of a request?

    <p>The Minister can withdraw without consequences</p> Signup and view all the answers

    What is the first step for a permanent resident who wishes to remove their counsel of record?

    <p>Submit a written notice to the Division and the Minister</p> Signup and view all the answers

    What does the Division prioritize when deciding on reinstatement of a withdrawn request?

    <p>The interests of justice</p> Signup and view all the answers

    Which of the following is not a reason for the Division to allow the reinstatement of a request?

    <p>The introduction of new evidence</p> Signup and view all the answers

    What happens if counsel for a permanent resident agrees to a date for a proceeding?

    <p>They become counsel of record</p> Signup and view all the answers

    What documentation is required for the Minister to officially proceed with reinstating a request?

    <p>A written application</p> Signup and view all the answers

    What must a member do after concluding a detention review?

    <p>Notify the parties of the member's decision</p> Signup and view all the answers

    Within what timeframe must a party submit a written request for reasons after a decision takes effect?

    <p>10 days after the decision takes effect</p> Signup and view all the answers

    What is required for a member's order of detention or release?

    <p>The member's signature and date</p> Signup and view all the answers

    Which statement is true regarding the process of withdrawing as counsel of record?

    <p>Counsel must provide notice to the member and parties</p> Signup and view all the answers

    Under what condition can a withdrawn request for reinstatement be allowed by the Division?

    <p>If new substantial evidence is presented after withdrawal</p> Signup and view all the answers

    What must a party do to submit a request for written reasons orally?

    <p>Make the request at the end of the detention review</p> Signup and view all the answers

    What information is not included in an order of detention or release?

    <p>A summary of the hearing</p> Signup and view all the answers

    What must be done for counsel to officially withdraw as counsel of record?

    <p>Submit a written notice to the Division and the Minister</p> Signup and view all the answers

    When does a counsel cease to be counsel of record after withdrawal?

    <p>As soon as the Division receives the written notice</p> Signup and view all the answers

    What is the procedure for reinstating a withdrawn request for an admissibility hearing?

    <p>An application must be submitted to the Division</p> Signup and view all the answers

    Under which circumstance does a counsel for a permanent resident become counsel of record?

    <p>Upon agreeing to a date for a future proceeding</p> Signup and view all the answers

    What must a counsel do to effectually remove themselves from the case?

    <p>Notify the Division and the Minister at any time</p> Signup and view all the answers

    What is the immediate effect once the Division receives a notice of withdrawal from counsel?

    <p>Counsel ceases to be counsel of record</p> Signup and view all the answers

    Which option correctly describes the action taken by a permanent resident or foreign national when they wish to dismiss their counsel?

    <p>They must provide written notice to the Division and the Minister</p> Signup and view all the answers

    What criteria must be met for a party to successfully apply for an early review of detention?

    <p>The party must provide new facts that justify the request.</p> Signup and view all the answers

    What happens when a party withdraws their request for a detention review?

    <p>The Division can allow reinstatement if justified by new facts.</p> Signup and view all the answers

    Which of the following statements is true concerning the rules applicable to detention reviews?

    <p>Reviews should occur at least three days after the information is received.</p> Signup and view all the answers

    What notification requirement exists for the Minister regarding the removal of a detained resident?

    <p>The Minister must notify the Division immediately upon removal.</p> Signup and view all the answers

    What must occur for a counsel of record to cease their role?

    <p>Counsel of record must file a notice with the Division.</p> Signup and view all the answers

    Which of the following statements accurately reflects the rules for a successful written application for a detention review?

    <p>Applications may be made at any time during the detention period.</p> Signup and view all the answers

    Under what condition can a party request a reinstatement of a withdrawn request?

    <p>If they present new facts specifically justifying the reinstatement.</p> Signup and view all the answers

    What is the significance of timelines defined in the detention review rules?

    <p>They ensure all parties have sufficient time to prepare for the review.</p> Signup and view all the answers

    What must an expeditor obtain when sending a document exceeding twenty pages?

    <p>Consent from the receiver</p> Signup and view all the answers

    What can a party do if they are unable to provide a document in the manner required by rule 29?

    <p>Ask for permission to provide the document in another way</p> Signup and view all the answers

    If a party makes reasonable efforts and still cannot transmit a document, what is the first action they should take?

    <p>Apply to the Division for alternative transmission methods</p> Signup and view all the answers

    Which of the following statements is true regarding document submission requirements?

    <p>Consent from the recipient is necessary for lengthy documents</p> Signup and view all the answers

    What does rule 29 specify about document submission?

    <p>Alternative methods can be requested if reasonable efforts fail</p> Signup and view all the answers

    When is a document considered received by the Division if it is date stamped?

    <p>On the day the document is date stamped by the Division</p> Signup and view all the answers

    How many days after mailing is a document considered received by a party?

    <p>Seven days later</p> Signup and view all the answers

    What happens if the seventh day for document receipt falls on a holiday?

    <p>It is considered received on the next working day</p> Signup and view all the answers

    What must a party provide when making a written application?

    <p>A copy of the application to the other party and the original to the Division</p> Signup and view all the answers

    What is a key factor in determining the receipt of a document by regular mail?

    <p>The date it was mailed</p> Signup and view all the answers

    What is required to validate the receipt of a document sent by mail?

    <p>Date stamping by Division upon arrival</p> Signup and view all the answers

    In what form must a response to a written application be submitted?

    <p>In writing</p> Signup and view all the answers

    Which of the following statements about document receipt is FALSE?

    <p>Documents sent via email follow the same rules as postal mail</p> Signup and view all the answers

    What information must be included in the written statement submitted with the original application to the Division?

    <p>The date and method of providing a copy to the other party</p> Signup and view all the answers

    Which document must a party transmit to the Division when making a written application?

    <p>The original application</p> Signup and view all the answers

    Which condition must be accounted for when calculating the receipt date of a mailed document?

    <p>If the seventh day is a non-working day</p> Signup and view all the answers

    What is the significance of a date stamp on a document submitted to the Division?

    <p>It serves as legal proof of submission date</p> Signup and view all the answers

    How is the written application defined in the context provided?

    <p>A formal request for a decision regarding detention</p> Signup and view all the answers

    What is the minimum time frame for a party to submit witness information before a hearing in most cases?

    <p>Five days before the hearing</p> Signup and view all the answers

    How should a party apply for a summons for a witness?

    <p>Orally or in writing</p> Signup and view all the answers

    In which situation must witness information be received by the Division as quickly as possible?

    <p>For a seven-day review or admissibility hearing</p> Signup and view all the answers

    What is the alternate time frame for providing witness information when not dealing with expedited cases?

    <p>Five days before the hearing</p> Signup and view all the answers

    What type of hearing is mentioned alongside rules for submitting witness information?

    <p>Detention reviews</p> Signup and view all the answers

    What is required for a party wishing to have a witness testify at a hearing?

    <p>A request to the Division for a summons</p> Signup and view all the answers

    When delivering witness information for expedited cases, what is the latest acceptable time to submit these details?

    <p>At the time of hearing</p> Signup and view all the answers

    Which of the following statements about witness information submission is incorrect?

    <p>It must be submitted in writing for all cases.</p> Signup and view all the answers

    What is the initial step a party must take to have the Division make a decision on a matter in a proceeding?

    <p>Make an application under rule 38</p> Signup and view all the answers

    What should a party do if they wish to respond to an application?

    <p>They must respond under rule 39</p> Signup and view all the answers

    Under what condition must an application be made according to the established rules?

    <p>Orally or in writing as soon as possible</p> Signup and view all the answers

    What is required when making an application orally to the Division?

    <p>The Division will determine the applicable procedure</p> Signup and view all the answers

    Which of the following is NOT a requirement for making an application?

    <p>It must be made at a specific location</p> Signup and view all the answers

    Which rule governs the course of action for replying to a response?

    <p>Rule 40</p> Signup and view all the answers

    When addressing the submission of an application, what aspect must be attended to regarding timing?

    <p>It must meet the time limits provided by the Act or rules</p> Signup and view all the answers

    In what form can an application be made according to the established rules?

    <p>Either orally or in writing</p> Signup and view all the answers

    What is the first element that must be stated in a written application?

    <p>The decision that the party wants the Division to make.</p> Signup and view all the answers

    Which of the following sets of information is required to be included in a written application?

    <p>Decision sought, reasons for it, evidence for consideration, and supporting evidence if applicable.</p> Signup and view all the answers

    In the case of applications not specified in the rules, what additional document is required?

    <p>A statutory declaration or affidavit.</p> Signup and view all the answers

    What must a party provide as part of their reasons for making a written application?

    <p>Rationale as to why the Division should grant the sought decision.</p> Signup and view all the answers

    What is not a requirement for a party making a written application?

    <p>Including contact information of witnesses.</p> Signup and view all the answers

    What is the purpose of including evidence in a written application?

    <p>To support the reasons provided and assist the Division in its decision-making.</p> Signup and view all the answers

    Which statement correctly reflects the content requirements for a written application?

    <p>All applications must state the decision sought, reasons, evidence for consideration, and supporting evidence if applicable.</p> Signup and view all the answers

    What does a party submit as part of an application involving unsupported claims?

    <p>Relevant affidavits or statutory declarations.</p> Signup and view all the answers

    What must a party do if they do not receive a decision allowing their application?

    <p>They must appear for the hearing at the scheduled time.</p> Signup and view all the answers

    Which of the following actions can a party request in relation to hearings?

    <p>They can apply to join multiple hearings.</p> Signup and view all the answers

    What must the Division consider before deciding on a request to join or separate hearings?

    <p>Any information provided by the applicant.</p> Signup and view all the answers

    What happens if a party fails to appear for a hearing without prior authorization?

    <p>Their claim may be dismissed or negatively affected.</p> Signup and view all the answers

    Which of the following describes the obligation of a party before a hearing date is set?

    <p>Parties must be prepared to present evidence if called upon.</p> Signup and view all the answers

    What must a person include in their application for a proceeding conducted in public?

    <p>A statement of the wanted decision, reasons, and supporting evidence.</p> Signup and view all the answers

    Which of the following is NOT a requirement for the application for a public proceeding?

    <p>Including a personal statement about the applicant's character.</p> Signup and view all the answers

    What information must a person provide to justify their request for a proceeding in public?

    <p>Reasons for the Division to grant the requested decision.</p> Signup and view all the answers

    Which of the following aspects is essential for an application to be considered valid?

    <p>Submission of a written request following specified rules.</p> Signup and view all the answers

    To which part of the application process does the evidence submission relate?

    <p>The consideration of the application by the Division.</p> Signup and view all the answers

    What must a party provide to the other party when replying?

    <p>A copy of the reply and an original for the Division</p> Signup and view all the answers

    What is the maximum time frame for documents to be received by recipients in non-urgent cases?

    <p>Three days after reception of a copy</p> Signup and view all the answers

    When must an application for non-disclosure of information be submitted?

    <p>In writing at the earliest opportunity</p> Signup and view all the answers

    What action must be taken for documents provided under the rules?

    <p>They must be received by recipients in a timely manner</p> Signup and view all the answers

    What additional information must be included when providing the original reply to the Division?

    <p>A written statement of how and when the copy was provided</p> Signup and view all the answers

    What time frame applies to cases involving a forty-eight hour review?

    <p>Documents must be received as soon as possible</p> Signup and view all the answers

    What must a party do if they cannot transmit a document as required?

    <p>Make reasonable efforts to transmit the document</p> Signup and view all the answers

    How long does a party have to provide a response in response to an admissibility hearing?

    <p>Forty-eight hours for urgent matters</p> Signup and view all the answers

    What is one factor the Division must consider when deciding on a change of location for the hearing?

    <p>Whether the change will compromise public safety</p> Signup and view all the answers

    Which of the following best describes how a change of location could affect the hearing process?

    <p>It could delay or prolong the hearing</p> Signup and view all the answers

    What should a party do if they do not receive a decision from the Division regarding their application for a change of hearing location?

    <p>They must still appear ready to continue the hearing</p> Signup and view all the answers

    What could be a consequence of a change of location on the operation of the Division?

    <p>It might affect resource allocation within the Division</p> Signup and view all the answers

    Which option reflects a concern that might arise from changing the location of the hearing?

    <p>Difficulties in gathering the necessary participants</p> Signup and view all the answers

    Which factor related to the parties involved must the Division evaluate when considering a location change?

    <p>The potential inconvenience for the parties</p> Signup and view all the answers

    When assessing a potential change in hearing location, what aspect does NOT need to be considered?

    <p>The weather conditions at the new location</p> Signup and view all the answers

    Which approach reflects the Division's priority when managing hearing locations?

    <p>Balancing both public safety and efficiency</p> Signup and view all the answers

    What is required for a party to challenge a legislative provision constitutionally?

    <p>Filing a notice of constitutional question</p> Signup and view all the answers

    Which of the following is NOT required in the notice of constitutional question?

    <p>The party's financial status</p> Signup and view all the answers

    Which form can a party use to submit a notice of constitutional question?

    <p>Form 69 according to the Federal Court Rules, 1998</p> Signup and view all the answers

    What information must the notice include regarding the hearing?

    <p>The date, time, and place of the hearing</p> Signup and view all the answers

    What aspect of the legislative provision must be included in the notice?

    <p>The specific legislative provision being challenged</p> Signup and view all the answers

    Why is it necessary to include relevant facts in the notice of constitutional question?

    <p>To provide a thorough background for the court's consideration</p> Signup and view all the answers

    What is NOT a characteristic of the notice of constitutional question?

    <p>It can be submitted orally if necessary</p> Signup and view all the answers

    Which element is crucial for supporting a constitutional challenge in the notice?

    <p>The specific legislative provision being challenged</p> Signup and view all the answers

    Which factor is NOT considered when deciding whether to allow an application to conduct a proceeding in private?

    <p>Whether the proceeding is for a criminal case</p> Signup and view all the answers

    What is required from a person making a request to have a proceeding conducted in private?

    <p>A formal application made in writing</p> Signup and view all the answers

    Which of the following elements is NOT included in determining the consequences of allowing an application?

    <p>Possibility of a public backlash</p> Signup and view all the answers

    Which procedure is required for someone requesting private proceedings?

    <p>File a formal application with the Division</p> Signup and view all the answers

    How many key factors must be evaluated when considering an application for private proceedings?

    <p>Three</p> Signup and view all the answers

    What type of hearings does the application for private proceedings apply to?

    <p>Admissibility hearings and detention reviews</p> Signup and view all the answers

    What is meant by 'efficient administration of the work of the Division' in the context of private proceedings?

    <p>Maintaining a streamlined process for handling cases</p> Signup and view all the answers

    Which decision would likely result in allowing an application for conducting a proceeding in private?

    <p>The potential for significant personal injustice</p> Signup and view all the answers

    What is the maximum time frame for documents to be received by their recipients before a constitutional argument is made?

    <p>10 days</p> Signup and view all the answers

    In what manner must oral representations be made according to the rules?

    <p>Orally at the end of a hearing</p> Signup and view all the answers

    What must be included with the original notice to the Division?

    <p>A written statement of notice provision</p> Signup and view all the answers

    When can a party make oral representations during the hearing process?

    <p>At the end of the hearing</p> Signup and view all the answers

    Which of the following is NOT a requirement for documents submitted under the relevant rule?

    <p>The documents must be in electronic format</p> Signup and view all the answers

    What sections outline the requirements for providing a notice of constitutional question?

    <p>Sections 47-52</p> Signup and view all the answers

    What happens if the required notice and written statement are not properly provided?

    <p>The hearing may be postponed</p> Signup and view all the answers

    Which rule governs the manner in which parties must present their oral representations?

    <p>Rule 48</p> Signup and view all the answers

    What action may the Division take if there is no applicable rule for a matter raised during proceedings?

    <p>Do whatever is necessary to deal with the matter.</p> Signup and view all the answers

    Which of the following powers is NOT granted to the Division?

    <p>Make permanent changes to established laws.</p> Signup and view all the answers

    What is the consequence if a party fails to follow a requirement of the rules?

    <p>The failure does not invalidate the proceedings unless declared by the Division.</p> Signup and view all the answers

    In which situation can the Division NOT excuse a party from following a requirement of a rule?

    <p>If the Division believes it undermines the integrity of the process.</p> Signup and view all the answers

    What is an example of an action the Division can take regarding time limits?

    <p>Extend or shorten time limits at any point, before or after expiration.</p> Signup and view all the answers

    Under what condition can a requirement of a rule be changed by the Division?

    <p>If it is necessary to ensure fair proceedings.</p> Signup and view all the answers

    Which of the following scenarios describes when the Division might declare proceedings invalid?

    <p>If there is a substantial breach of the rules.</p> Signup and view all the answers

    What must happen for the Division to address issues not covered by existing rules?

    <p>The Division must determine necessary actions on its own.</p> Signup and view all the answers

    Study Notes

    Immigration Division Rules

    • These rules are consolidated and codified by the Government of Canada.
    • The rules are current as of November 26, 2024.
    • The rules are published by the Minister of Justice at http://laws-lois.justice.gc.ca.

    Part 1: Rules Applicable to Admissibility Hearings

    • Information the Minister must provide:
      • Permanent resident or foreign national's name and contact information in Canada.
      • Date of birth, sex, and citizenship.
      • Marital status (single, married, separated, divorced, or common-law partner).
      • Any inadmissibility reports.
      • Refugee claim status.
      • Detention location (if applicable).
      • Language preference for communication.
      • Interpreter requirements (language or dialect).
      • Contact information for counsel (if applicable).
      • Client identification number.
      • Family member information (if applicable).
      • Date of the Minister's request.
      • Minister's counsel's name and title.
      • Non-disclosure requests.
      • Information regarding the age/understanding capacity of the applicant.
      • Evidence to be presented.
    • Changes to contact information: Permanent residents or foreign nationals, unless detained, must promptly notify both the Division and the Minister in writing.
    • Withdrawing a request:
      • Withdrawing a request is considered an abuse of process if it negatively impacts the Division's integrity, unless no substantive evidence has been accepted during the proceedings. In that case, withdrawal is possible through oral or written notification.

    Part 2: Rules Applicable to Detention Reviews

    • Information the Minister must provide:
      • The detained person's name, sex, date of birth, and citizenship.
      • Marital status (single, married, separated, divorced, or common-law partner).
      • Refugee claim status.
      • Language preference.
      • Interpreter requirements.
      • Contact information for counsel (if applicable).
      • Date and time of initial detention.
      • Detention location details.
      • Whether the review follows 48-hour, 7-day, or 30-day timelines.
      • Identification number from the Department of Citizenship and Immigration.
      • Relevant Act provisions.
      • Non-disclosure requests.
      • Person's age/understanding capacity.
    • Information on Time limits: Various time limits are provided for different situations regarding review periods (e.g., 48 hours, 7 days, 30 days), and information about receipt of relevant information by the Division. Documents must be received in a timely manner.

    Part 3: Rules Applying to Both Admissibility Hearings and Detention Reviews

    • Information relating to Counsel:
      • Counsel's contact information must be provided in writing to the Division and the Minister.
      • Any changes to this information should be promptly shared in writing as well.
    • Counsel of record: Counsel becomes counsel of record when they agree on a proceeding date, or when they become counsel after a specified date. A party can withdraw/remove their counsel of record with written notice.
    • Language of proceedings: Permanent residents and foreign nationals can apply to change the language of the proceeding.
    • Duty of counsel: If counsel believes a representative is needed, they must notify the Division and the other party in writing. A representative must be 18 years of age (or older), understand the proceedings, act in the best interests of the applicant, and not have conflicting interests.
    • How to provide a document (various methods): Hand delivery, mail, courier, fax, or email are permissible, depending on the specific rules. A limit of 20 pages applies to fax submissions, unless agreed upon.
    • When a document is considered received: A document is typically considered received when date-stamped by the Division, or if sent by regular mail 7 days after mailing.
    • Witness information: Parties requesting witnesses must provide supporting details of their testimony, qualifications and desired testimony presentation method within the given timeframe for each type of review (48 hours, 7 days, 30 days).
    • Application for a proceeding in private: Specific procedure for asking for a private hearing, including required form, content, and timeframe.
    • Application for a proceeding in public: Similar to above but requests public hearing.
    • Notice of constitutional question: Procedure and requirements for challenging a legislative provision on constitutional grounds, including form requirements, timeframe, and related documents. A copy of the notice must be provided to the Attorney General of Canada and to the provinces/territories.
    • Time Limits: Specific time limits apply to receiving documents, notifying parties, and responding to applications for various review periods (48 hours, 7 days, etc.).
    • Oral representations: Oral representations are typically made at the end of the hearing unless specified otherwise.
    • Documents: Specific format for documents : Documents must be typed on one side of 21.5 cm by 28 cm paper and numbered. Photocopies must also be clear, on one side, and numbered. If there are multiple documents, a list with the numbers must be submitted. Documents must be in English or French, or if in another language, accompanied by a translation and translator's declaration.
    • Rules: Non-Applicable Rules: If these rules do not address an issue, the Division can take necessary action. Decisions: Procedures for how decisions will take effect on the record, with the member signing of an order; Timing: A time limit exists for any request in writing to a decision.

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    Description

    Test your knowledge on the rules applicable to admissibility hearings as outlined by the Government of Canada. This quiz covers essential information that the Minister must provide regarding permanent residents or foreign nationals. Understand the requirements and procedures involved in the immigration process.

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