Immigration Law in Canada - Unit 1

Unit 1: Foundational Knowledge

• RCICs apply Canadian legal frameworks and immigration legislation for client services.
• Differentiate functions and powers of federal immigration and citizenship departments/agencies.
• Articulate how immigration legislation and regulations are created/amended by parliament and provincial legislatures.
• Understand the meaning of standard and burden of proof in Canadian immigration law.
• Apply knowledge of administrative law principles.
• Summarize laws regulating government agencies in Canada.
• Explain discretion in administrative law and its application.
• Explain the role of judicial review in enforcing administrative law principles.
• Apply procedural fairness rules to immigration contexts.
• Interpret relevant sections of the IRPA, IRPR, Citizenship Act, and regulations.
• Demonstrate knowledge of Canada's refugee determination and resettlement systems.
• Identify humanitarian/compassionate application issues.
• Explain differences between rights/obligations of citizens and non-citizens.
• Synthesize case law for immigration/citizenship cases.
• Identify case law elements (purpose, facts, issues, law, ratio decidendi, decision, disposition).
• Identify leading cases impacting Canadian immigration, refugee, and citizenship law.
• Analyze inadmissibility grounds and applications in various contexts.
• Interpret IRPA, IRPR, Charter, and related laws regarding inadmissibility, removal, detention.
• Summarize inadmissibility categories (criminality, security, health, etc.).
• Advise clients on consequences and exemptions for each inadmissibility ground.
• Summarize government actions for inadmissible clients (arrest, detention, removal).
• Apply immigration enforcement legislation and related activities to client situations.
• Interpret IRPA, IRPR, Charter, and related laws regarding removal & detention.
• Distinguish government agencies and tribunals involved in enforcement and their relationships.
• Explain requirements for entering/remaining in Canada related to enforcement.
• Prepare pre-removal risk assessments and deferral requests.
• Locate, interpret, and apply frameworks, regulations, guidelines for refugee protection claims.
• Identify global issues influencing Canadian immigration policies and directives.
• Explain historical context influencing Canadian immigration policy (e.g., global migration patterns, globalization).
• Research humanitarian issues and cultural bias impacting client situations/legal issues.

Unit 2: Case Management

• Conduct preliminary assessments to determine appropriate case approaches.
• Verify client identity and inquiry reason.
• Gather sufficient client information for service initiation/decline or referral.
• Assess own competence to provide required services.
• Ensure client understanding & ability to make decisions about services.
• Determine client capacity to understand presented info; identify alternate decision-makers if needed.
• Discuss various options, potential barriers, risks, and alternative actions with clients.
• Discuss anticipated timelines & milestones with clients to manage expectations.
• Advise clients on RCIC scope, competence, and practice limitations.
• Communicate fees and payment structure, ensuring accurate client understanding.
• Outline client responsibilities (truthfulness, consequences of breach).
• Ensure client understanding of service agreement contents and obligations.
• Provide service agreements in English/French, following regulatory standards.
• Recommend and allow adequate time for independent legal advice /agreement translation.
• Acquire accurate & authentic client documentation.
• Interview clients and relevant parties to gather information.
• Verify accuracy of client oral accounts through documentation review.
• Collect required application documents based on legislation/government policies.
• Identify ambiguities, gaps, or discrepancies in client info/documentation & advise on solutions.
• Assess client info completeness, accuracy, validity for official submissions.
• Weigh options, analyze client situations, and determine appropriate strategies.
• Discuss options with client, explaining benefits, risks, alternatives.
• Recommend legal strategies based on analysis of legal research and client circumstances.
• Complete and submit required documents/materials in a timely manner.
• Adhere to government policies, instructions, and guidelines for application completion.
• Integrate evidence, legal findings, and policy info into submissions.
• Prepare submission letters outlining case information, supporting strategy, and advocacy.
• Ensure timely document submissions to government agencies/authorities.
• Continue client services only if indicated and effective.
• Recognize when services/agreements require adjustment/termination.
• Recognize and address serious loss of client confidence.
• Initiate termination steps if necessary/resolve conflicts.
• Terminate services and responsibilities with proper transition plans.
• Communicate termination decision and reason to client, including transition plan.
• Deliver all client documents, files, and property to clients.
• Account for outstanding fees/disbursements and refund any unearned funds.
• Notify clients of withdrawal from representation to relevant government agencies.
• Cooperate with successor representatives to minimize client prejudice.
• Proficiently use customer relationship management and practice management databases.
• Ensure CRM/PM databases meet regulatory requirements around documentation, file management, record retention, and security.
• Seek IT support when encountering beyond-personal-competence issues.
• Maintain a logical file management system for easy retrieval of information.
• Collect only essential personal health-related info.
• Maintain up-to-date case files with received documents, including dates.
• Regularly review and update file management systems for compliance with laws & practices.
• Store active files separately from closed files.
• Develop a plan for client record management during planned/unplanned practice closures.
• Maintain accurate and current client records and documentation.
• Maintain copies of relevant agent agreements.

Unit 3: Legal Research and Analysis

• Examine situation facts to identify present and potential issues.
• Determine applicable statutes, regulations, and policy instruments.
• Consider potential issues not immediately obvious from facts.
• Prioritize preliminary issues based on facts, client request, and legislation.
• Determine needed further information based on research objectives.
• Locate current, reliable information and applicable laws/policies.
• Identify reliable research tools for primary/secondary legal sources.
• Locate reliable and current info from various sources.
• Locate and follow government operational instructions/guidelines.
• Accurately read legal citations to locate statutes/regulations.
• Locate relevant leading cases with similar issues/facts to client situations.
• Use government immigration/citizenship portals, databases, and reliable IT sources.
• Conduct online searches using keywords to find reliable info.
• Navigate credible online legal databases and immigration websites for relevant materials.
• Navigate government portals for applications, instructions, documents.

Unit 4: Business Management and Leadership

• Act as an expert in Canadian immigration/citizenship for clients and professionals.
• Recognize limitations of others and provide needed support.
• Investigate and determine consulting/business structures for a viable plan.
• Reflect on business strengths, opportunities, threats, and develop mitigation strategies.
• Develop a business plan outlining purpose and vision.
• Establish an operational budget for services.
• Ensure marketing information is truthful, accurate, verifiable, and upholds professional reputation.
• Act with professional courtesy toward competitors and abide by the Code of Professional Conduct.
• Ensure testimonials/endorsements are true and verifiable, reviewed and approved.
• Ensure the RCIC's registered name is prominently displayed in advertising.
• Prioritize and manage projects/workflow for timely, efficient, and effective service delivery.
• Communicate priority issues and timelines to clients and relevant parties (staff, agents).
• Allocate resources for optimal client service and operational effectiveness.
• Assign responsibilities to staff based on scope/competence.
• Manage/report incompetent, unethical, and unsafe practice according to regulatory requirements.
• Provide training and professional growth opportunities for staff.
• Conduct staff performance reviews with constructive feedback and identify remediation needs.
• Respect cultural needs of staff.
• Obtain informed client consent for staff involvement.
• Provide oversight of immigration agents to ensure ethical, competent services.
• Enter into Agent Agreements defining services/relationship.
• Register agents with the College.
• Assign tasks based on agent competence and scope of practice.
• Take responsibility for agent work.
• Implement agent compliance with legislation, regulations, and Code of Conduct.
• Obtain client consent for agent involvement.
• Manage emotions to prevent escalation during conflicts/negotiations.
• Use persuasive communication skills in conflict/negotiation resolution.
• Maintain accurate financial records in adherence with provincial/federal legislation.
• Maintain accounting/bookkeeping systems for compliance.
• Provide clients with invoices and payment receipts.
• Ensure fees are fair, reasonable, and clearly communicated.
• Develop and communicate succession plans for emergencies, absences, or practice cessation.
• Establish arrangements for planned/unplanned absences including powers of attorney.
• Manage client record transfers during practice closures/sales.
• Document and communicate succession plan to appropriate parties.

Unit 5: IRB and Administrative Tribunals

• Apply foundational knowledge to advise/represent clients in IRB procedures.
• Analyze client eligibility related to each IRB division (RPD, RAD, IAD, ID).
• Distinguish IRB division jurisdictions, legal principles, case law, rules, guidelines, and policies.
• Explain the significance of timelines in IRB submissions.
• Define RCIC roles/duties related to each IRB division.
• Compare/contrast standards/burdens of proof for different issues in each division.
• Explain different procedures used by each IRB division.
• Explain oral hearing and written submissions, their application in each division.
• Identify options for special procedural accommodations for vulnerable clients.
• Construct legal arguments supporting client position and benefits.
• Consider standards/burdens of proof for specific case issues & divisions.
• Develop case strategies.
• Follow procedures for submitting documentary evidence to the division.
• Identify need for expert/witness testimony and acquire reports/affidavits when required.
• Prepare clients/witnesses for hearings by explaining processes.
• Prepare and present opening, examinations, re-examinations, and closing submissions.
• Identify main case issues and concerns.
• Demonstrate procedural knowledge and civility in hearings.
• Prepare examinations and submissions.

Unit 6: Professionalism

• Engage in quality management and professional development activities/experiences.
• Demonstrate accountability and integrity in professional behaviours.
• Recognize limitations and seek consultation when needed.
• Conduct affairs efficiently and cost-effectively.
• Respond to client and immigration authority needs in a timely manner.
• Accurately communicate professional title and designation.
• Respect intellectual property rights (citation and recognition).
• Provide accurate and truthful information in all communications.
• Determine appropriateness of service provision in collaboration.
• Withdraw as representative when a conflict of interest arises, and cannot be mitigated.
• Maintain security/confidentiality when handling information (collection, sharing, transmission, storage).
• Establish and monitor privacy/confidentiality policies adhering to legislation.
• Obtain client consent for information collection, disclosure, storage, and use.
• Minimize foreseeable risks to client information privacy/confidentiality.
• Maintain security for personal health info (local/remote storage).
• Respond to unauthorized access/disclosure violations.
• Ensure secure client information destruction.
• Maintain physical security for on-site records (locked cabinets, restricted access).
• Ensure computer systems meet security/privacy/confidentiality requirements.
• Apply security features when sharing/transmitting client information electronically.
• Follow legislative procedures when required to disclose client information.
• Notify individuals if information is lost, stolen, or accessed without authorization.
• Recognize and maintain ethical professional boundaries.
• Avoid inappropriate disclosure of irrelevant personal information.
• Avoid billing irregularities that signal special favours.
• Manage transference and counter-transference appropriately
• Collaborate effectively with other professionals.
• Consult/refer to others when needs exceed scope/competence.
• Demonstrate knowledge of other professions' scopes of practice.
• Identify and address cultural bias in client applications.
• Collect information about client gender orientation without prejudice for application processes.

Unit 7: Communication and Interpersonal Skills (Cultural Awareness)

• Limit obscure legal terminology for client understanding.
• Create a private/comfortable meeting environment.
• Assist clients in articulating problems, identifying interests, objectives, and solutions.
• Effectively sort and prioritize information.
• Be efficient and respectful of client time and fees.
• Pose open-ended and closed questions as needed.
• Demonstrate empathy without sharing personal information.
• Provide clients with accurate and current resources for support services.
• Refer clients to specialists when emotional needs exceed RCIC scope.
• Manage emotional situations through effective communication skills and encourage reflection.

Unit 8: Advocacy and Client Focus

• Actively advance client interests within legal boundaries.
• Present case information, flag unusual factors, frame legal/policy arguments.
• Present client case without compromising application/appeal integrity.
• File appeals/reconsideration requests within timelines.
• Identify negative factors impacting outcomes and advise solutions.
• Keep clients informed about case progress and answer queries promptly.
• Deliver services as promised and take responsibility when needed/unable.
• Address client dissatisfaction promptly to correct misunderstandings/resolve conflicts

Unit 9: Critical Thinking and Problem Solving

• Use critical thinking to consider fresh perspectives and solutions.
• Engage in rationalizing, analyzing, and evaluating information to inform judgments.
• Integrate client complexities into all service aspects (needs, goals, limitations).
• Follow immigration application operational instructions to reduce risks.
• Demonstrate insight into personal expertise/limitations.
• Consult with other professionals for optimal client service.
• Investigate alternative solutions to problems/issues and justify selections.
• Formulate a case strategy based on legal grounds and proven concepts.