Untitled Quiz

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Questions and Answers

A client has prepared a BOC before retaining the services of an RCIC. The hearing is coming up next month, and the RCIC notices that the police report provided by the client as evidence states a slightly different version of events than the initial BOC. What is the best approach for the RCIC to adopt in this situation?

Advise the client that they can explain the discrepancy between the police report and the BOC at the hearing.

Advise the client to alter the police report to match the version of events in the initial BOC.

Advise the client to exclude the police report from the evidence disclosure.

Advise the client to amend the BOC statement without delay to reflect the accurate version of events and explain why the initial BOC contained errors. (correct)

A client has provided the RCIC with a copy of their community membership card in Canada, witness letters, and a copy of the U.S. Department of State International Religious Freedom Report. One month before the hearing, the RCIC receives the Minister's disclosure, showing a photo of the client in front of a house of worship for a different faith group posted on the client's Facebook account. Which evidence addresses the objective basis of the client's claim?

International Religious Freedom Report

Minister's disclosure of the photo from the Facebook account.

Community membership in Canada (correct)

Witness letters

What is required from the RCIC to ensure compliance with the College's record-keeping practices following the closure of a file?

To maintain all file records indefinitely.

To maintain all file records for 6 years after RCIC concluded acting on client's behalf.

To maintain all file records for 7 years after file completion. (correct)

To maintain all papers records after RCIC terminated the Retainer agreement.

A client approaches an RCIC to start a refugee protection claim. At the first meeting, the client informs the RCIC that they suffer from PTSD. The RCIC asks the client if they would like to request an accommodation for the hearing and the client agrees. What would be the most appropriate step to take to move forward in this process?

Submit a written application to the RPD for a Vulnerable Person Designation. Signup and view all the answers

The RCIC sent a complete copy of a client's immigration documents to the client's new counsel, as per new counsel's request. Then, the new counsel sent the RCIC a letter asking for a complete copy of Client Account records. How would the RCIC respond?

Refuse to disclose the client account records to the new counsel. Signup and view all the answers

The client signs a retainer with the RCIC to represent them in filling a Refugee Claim from inside Canada. How and where would the RCIC file the refugee claim?

Submit the application forms and supporting documents through the Authorized Representative Portal. Signup and view all the answers

What does “Ratio Decidendi” mean?

It refers to the rationale for the decision. Signup and view all the answers

An RCIC in Toronto is representing a client before the IAD in a removal order appeal. While researching the case, the RCIC finds a decision rendered by the IAD in Vancouver that deals with the same facts and issues the RCIC is researching. Which of the options below best describes the precedential value of the decision?

The decision is not binding as it has been issued by a tribunal in another province. Signup and view all the answers

Which of the following practices will best improve an RCIC's social skills?

Pay attention to body language. Signup and view all the answers

Social understanding is a key skill for an RCIC to have. Which of the following describes the meaning of social circumstances?

Concepts influenced from activities associated with the social environment of a person. Signup and view all the answers

Which of the following statements is correct as it relates to a statute passed either by House of Commons or provincial legislatures?

It can be used as a primary source of law in an administrative body. Signup and view all the answers

Social understanding is a key skill for an RCIC to have. Which of the following practices will best improve an RCIC's social skills?

Be an effective communicator. Signup and view all the answers

Which of the following is a standard legal research step performed by an RCIC?

Identify the legal issues of the case to be researched. Signup and view all the answers

Which of the following criteria is important to note when searching for case law?

Whether the issues and facts are similar and the case is binding. Signup and view all the answers

What would be the RCIC's first step when dealing with an immigration issue?

Find relevant provisions to address the problem in the IRPA and the IRPR. Signup and view all the answers

What is the role of the Immigration Appeal Division?

To hear sponsorship appeals, residency obligation appeals and removal order appeals. Signup and view all the answers

What is the title of the document in an RAD appeal submission that includes the issues, errors, references to new evidence, and a decision sought?

Written Statement. Signup and view all the answers

A client contacts an RCIC with respect to an appeal at the IAD. The client has already filed the Notice of Appeal and asks the RCIC to assist with submitting new evidence before the IAD. Which of the following is correct with regards to the filling of evidence before the IAD?

Hearings at the IAD are ‘de novo', and any new evidence can still be filed as per the Rules. Signup and view all the answers

A new RCIC is setting up their practice and developing advertisements. In the proposed ad, the RCIC states that the following services are provided: Family Class Sponsorship, Sponsorship appeals, Detention Review and PR Card renewals. What must the RCIC do in order to post this ad?

Obtain an RCIC-IRB specialization class license from the College of Immigration and Citizenship Consultants. Signup and view all the answers

A client, who lost their status after coming to Canada as a student, was sponsored by their Canadian common-law partner. The client has just received a refusal letter and wants to know about their options. How should the RCIC respond to the client's concern?

The client can appeal at Immigration Appeal Division. Signup and view all the answers

A client wants to know if it is possible for their spouse to apply for a visitor visa while the spouse's permanent residence application, which is being sponsored by the client overseas, is in process. How should the RCIC respond?

The sponsored client can apply for a visitor visa while waiting for the permanent residence application. Signup and view all the answers

A client, who claimed refugee status at the port, entry was detained by the CBSA. The client asks the RCIC on what grounds may the CBCA detain people who claim refugee status at the border. How should the RCIC respond?

On the grounds that the client claims refugee status at the port of entry. Signup and view all the answers

A client approaches an RCIC for assistance in submitting a refugee claim from inside of Canada. The client explains that they have come to Canada with the help of a human smuggler who left them in a Canadian motel near the Canada-US border. The client has heard about the safe third country agreement and is asking the RCIC if that applies to them. What should the RCIC advise the client?

The claimant will be sent back to the USA because of the safe third country agreement. Signup and view all the answers

An RCIC is preparing written submissions for a Removal Order Appeal before the Immigration Appeal Division. In looking for case law to support their arguments, the RCIC finds a decision from the IAD in Vancouver with a similar set of facts, which proves helpful for their client's case. Which of the following statements is correct as it pertains to the hierarchy of judicial authority?

The said decision is rendered by a different jurisdiction and thus, not binding. Signup and view all the answers

An RCIC is preparing legal arguments on a 'sur place' refugee matter before the Refugee Protection Division. The RCIC wishes to find legal precedents on which to base their arguments and finds a recent decision from the Federal Court. In looking further, the RCIC is not able to confirm or find another decision on the issue. Which of the following statements is correct as it relates to the setting of a legal principle?

Unless the decision is from the SCC or the FCA, one decision from the FC does not set a legal principle. Signup and view all the answers

Which of the statements below is correct as it relates to the right to appeal a decision rendered by the Federal Court on an immigration matter?

Immigration case decisions of the Federal Court can always be appealed to the Federal Court of Appeal. Signup and view all the answers

What is immigration law based on?

Immigration Law is based on both statute and common law. Signup and view all the answers

Which of the options below fall under “subordinate legislation”?

Operational Bulletins and Manuals. Signup and view all the answers

Which of the options below best describes the term “subordinate legislation”?

Legislation made by a body other than the legislature as authorized by statute. Signup and view all the answers

Which of the options below constitute one of the fundamental principles of Administrative Law?

Administrators may exercise their discretion as they see fit. Signup and view all the answers

Which of the statements below best describes the meaning of discretion under Administrative Law?

Power to choose a course of action from options available under the law. Signup and view all the answers

Which of the statements below best describes the role of judicial review in ensuring that the executive branch follows the principles of Administrative Law?

The right to judicial review is constitutional in nature and available even when statute prohibits it. Signup and view all the answers

Which of the statements below best describes the meaning of “procedural fairness”?

Procedural fairness does not provide the right to a fair decision, but the right to a decision reached through a fair process. Signup and view all the answers

Which of the statements below best describes the meaning of 'standard of proof'?

Standard of proof is the obligation to provide sufficient evidence. Signup and view all the answers

Which of the following statements best describes the term “scope of license”?

Taking on immigration matters within the authority granted by the regulatory body. Signup and view all the answers

An RCIC is retained by the client to file a sponsorship application for their spouse. The application was refused, and the RCIC filed a notice of appeal to the IAD. A week before the appeal, the client advised the RCIC that they would rather retain an immigration lawyer to represent them at the appeal before the IAD. What must the RCIC do first in this situation?

Assist the client in retaining an immigration lawyer. Signup and view all the answers

An RCIC is representing a client in a refugee matter. While waiting for the hearing to be scheduled, the RCIC received disclosure from the Minister that the client has been convicted of a serious non-political crime and was referred to an inadmissibility hearing. The RCIC has very limited experience with these matters. What must the RCIC do?

Recognize their own limitations and refer the client to a colleague who practices in this area. Signup and view all the answers

The RCIC is hired by a client who is a failed refugee claimant. The claim was decided by the RPD more than 14 months ago, and now, the client is enquiring about doing an in-land spousal sponsorship application and an H&C(Humanitarian and Compassionate) application. Which of the following best describes the approach to be taken by the RCIC?

Inform client that it would be best for them to apply for both H&C and sponsorship. Signup and view all the answers

The RCIC is hired by a failed refugee claimant to represent them with their appeal at the RAD. The RCIC received the negative decision and determines the due date to file the Notice of Appeal. The RCIC has a busy practice, and the assistant misses the deadline to file the Notice of Appeal. What should the RCIC do?

Take responsibility for their own actions and practice and admit to the mistake. Signup and view all the answers

A client was referred to an RCIC by the RCIC's brother to represent them on the detention review hearing. The client works for the RCIC's brother, and the brother is willing to post a bond for the client's release. What should the RCIC do in the situation?

Refuse to take over the case due to a potential conflict of interest. Signup and view all the answers

The obligation to cultural awareness when providing immigration services falls under what category under the Code of Professional Conduct?

The duty to avoid conflict of interest. Signup and view all the answers

An RCIC has a client from a particular ethnicity. In eliciting information from the client, the RCIC wonders whether this experience can be generalized and applied to the ethnicity as a whole. Which of the answers below best describes the RCIC's correct approach?

The RCIC cannot generalize an ethnicity based on one individual's experience. Signup and view all the answers

Study Notes

Q1

A client prepared a BOC (Basis of Claim) before hiring an RCIC (Registered Canadian Immigration Consultant).
The police report the client provided has a different version of events than the initial BOC.
Advise the client to amend the BOC to reflect the accurate version of events and explain the discrepancy.

Q2

A client provided an RCIC with a community membership card, witness letters, and the US International Religious Freedom Report.
A month before the hearing, the RCIC received a Minister's disclosure that showed a photo of the client in front of a house of worship for a different faith group.
Witness letters provide the objective basis for the client's claim.

Q3

Record-keeping practices require maintaining all file records for 6 years after the RCIC concluded acting on the client's behalf.
The records should be maintained indefinitely.

Q4

A client sought an RCIC for a refugee protection claim and revealed PTSD.
The best next step is to ask for a Vulnerable Person Designation which is done by submitting a written application to the RPD.

Q5

A new counsel requested a complete copy of the client's account records from the RCIC.
The RCIC should provide a complete copy of the client's records to the new counsel.

Q6

When filing a refugee claim from inside Canada, the RCIC files this through the Refugee Protection Portal.
This involves creating an account and uploading relevant client information and forms.

Q7

Ratio Decidendi (reason for the decision) is the rationale behind a judge's or tribunal's decision in a legal case.

Q8

A decision by an immigration appeal body (IAD) within the same jurisdiction is binding on further cases.

Q9

Practices like providing regular updates, proper meeting rooms, and attention to nonverbal communication improve RCIC social skills.

Q10

Social circumstances refer to concepts influenced by a person's social environment.

Q11

Statutes passed by the House of Commons or provincial legislatures are primary sources of law in administrative bodies.

Q12

Effective communication, realistic expectations, listening to clients, and distinguishing between the scope of their license and scope of practice improve RCIC social skills.

Q13

Identifying legal issues, researching case law, consulting legal experts, and using resources like the National Documentation Package are standard legal research steps.

Q14

Case law is considered binding when it addresses similar issues and facts, clearly defining its purpose.

Q15

Identifying and applying relevant laws and regulations (IRPA and IRPR) is a common initial step in immigration issue handling.

Q16

The Immigration Appeal division handles cases including sponsorship, residency obligation, and removal order appeals.

Q17

A RAD appeal submission includes details about the specific issues, errors in previous decisions, references to new evidence, and the desired outcome.

Q18

New evidence is acceptable in IAD hearings, and can be provided up to the date of the hearing.

Q19

RCICs are expected to avoid advertising services they are not authorized to provide by the college.

Q20

Clients who have lost status in Canada can apply for leave to the Federal Court or appeal their case at the Immigration Appeal Division.

Q21

A spouse can apply for a visitor visa while a permanent residence application is in process. The visitor must not mention sponsorship application, as that may impact the process.

Q22

RCICs should explain what grounds the CBSA has for detaining individuals claiming refugee status at the border.

Q23

The safe third country agreement may not apply to claimants who entered Canada with assistance from a human smuggler, instead of a legal border crossing.

Q24

IAD decisions from Vancouver are not binding on IAD appeals cases in Toronto, they are only persuasive since they have a similar fact pattern.

Q25

For "sur place" refugee cases, decisions from the Federal Court are considered primary precedents.

Q26

Immigration case decisions from the Federal Court can be appealed to the Federal Court of Appeal or the Supreme Court of Canada.

Q27

Immigration law comes from statutes and common law. However, statute is the main source.

Q28

Chairperson's guidelines and Immigration and Refugee Protection regulations are examples of lower-level legislation.

Q29

Subordinate legislation typically means any legislation created by a body other than the legislature, as empowered by the statute.

Q30

A fundamental principle of administrative law is that administrators should operate within their specified jurisdiction.

Q31

Discernment of the course of action is essential in discretion. It is how a person or entity exercises their own judgement in accordance with the law.

Q32

Judicial review ensures that the executive branch abides by administrative laws. This check balances and ensures that the executive branch does not stray too far from the defined parameters of the statute.

Q33

"Procedural fairness" is the principle that procedures are fair and appropriate, not necessarily the outcome, as it provides protection against potential bias and errors.

Q34

The "standard of proof" refers to the legal requirement of providing sufficient evidence to support a claim.

Q35

Taking on immigration matters means that the RCICs have the authority to handle the case according to the Act & Regulation.

Q36

If a client wants to replace their RCIC with a different lawyer, the RCIC must notify the IAD in writing.

Q37

If an RCIC has very limited experience, they must recognize their limits and refer the client to a relevant colleague with more expertise.

Q38

For a client seeking H&C or spousal sponsorship, the RCIC should advise the client about the eligibility based on the timeline of the original application.

Q39

The RCIC has a duty to take prompt action to get the proper documents submitted to the IAD. Failure to do will result to abandonment of the case, and must explain to the client what occurred or should have occurred.

Q40

The RCIC should refuse to take the case due to the potential conflict of interest between the RCIC and the client.

Q41

Competent, ethical, and diligent service delivery is the duty under the Code of Professional Conduct, when performing immigration services.

Q42

Generally, generalizing an entire ethnicity from an individual's experience is not the professional approach.

Q43

Implicit biases are unconscious attitudes, actions and decisions that can affect our judgment, and is rooted on biases from societal factors.

Q44

The work permit's validity is determined by the expiration date or when a removal order is enforced.

Q45

Clients can accept job offers while awaiting a change of condition to an employer-specific work visa only if they have a valid work permit in Canada.

Q46

A client who wants to appeal the removal order may not be able to, as it is the obligation of the IRCC to prove that they complied with a residency obligation and how their absence from Canada is explained.

Q47

A refugee claimant is responsible for rebutting the assumption that their home country can provide protection.

Q48

IAD may only refer a case for reconsideration if the Minister/the relevant authorities intervened in that particular appeal case.

Q49

The RPD cases can be referred back for reconsideration only if the decision is manifestly unfounded.

Q50

The quote is about the standard of review used within a refugee protection claim.

Q51

A decision maker's failure to address crucial aspects of a case raises questions about whether they appropriately considered all details.

Q52

A Client who presents a valid travel document application in a dispute does not mean the client's claim will not be jeopardized.

Q53

A client with a refugee claim who contacts an RCIC about representation before a Federal Court requires professional legal advice before proceeding.

Q54

The RCIC should direct the relative of the client to translate the retainer as the client cannot speak the required language.

Q55

Two individuals may not register an immigration consultancy without one being licensed by the relevant immigration authority. However, if one is licensed and both are working, they can work together.

Q56

The RCIC should calmly listen to the client's concerns and provide necessary, appropriate legal advice to resolve the situation.

Q57

To publish testimonial from a client, consent must be obtained from the client.

Q58

The relative of a client who can speak a language that the client cannot speak can translate the retainer agreement.

Q59

A licensee is necessary for registering an immigration consultancy company.

Q60

The RCIC should listen to the concerns and address the client accordingly. Do not take blame for the client's frustrations, and direct the client to the appropriate support channels.

Q61

To publish client testimonials, one needs written consent from the client, whether it is a physical letter or email.

Q62

To accommodate two clients with a dispute, the RCIC should reschedule their meeting separately and possibly notify the relevant authority, such as security.

Q63

Microaggressions are communications that implicitly convey biases toward a particular group.

Q64

Cultural responsiveness involves awareness of one's own cultural values to better understand and better serve the client's need.

Q65

Understanding a client's culture including history, language, and traditions is considered cultural competence in a legal context.

Q66

A written notification to the IAD and CBSA with a copy to the Minister's Counsel is required for withdrawing a case before the hearing.

Q67

Clients are responsible for providing honest and accurate information.

Q68

A client should be advised to submit the new form to have a better chance of the appeal being successful.

Q69

The RCIC should work with the agent to resolve the payment discrepancy or advise the client on what action to take.

Q70

If a client admits to using false documents, or other unlawful acts in their application, the client should not be represented by any legal counsel. Fraud is illegal.

Q71

The RCIC must inform the client and the IAD about their withdrawal as the counsel of record. It is imperative that the client and the IAD are aware and not be caught off guard during a hearing.

Q72

The primary consideration will be the potential prejudice to the client if the RCIC withdraws from representing the client, as the client's legal rights can be compromised.

Q73

The RCIC should request that the partner provide the information, not just postponement.

Q74

A refugee claimant who has obtained new supporting documents for their claim may apply for the leave and/or judicial review of their decision if they did not appeal to the IAD.

Q75

The client needs to inform CBSA about their return to Canada to avoid status issues and possible deportation.

Q76

The sur-place claim is about events that occurred in the claimant's country of nationality and citizenship.

Q77

The application can still be accepted but with proper documents as an extension of time is possible.

Q78

The RCIC submission was missing the appropriate forms to start the IRB process.

Q79

The IAD may accept documents if an appropriate explanation for its late submission is acceptable and within the given timeline.

Q80

The RCIC should assist the client in obtaining an extension of the deadline or contacting the RAD representative for help.

Q81

The RCIC should advise the client to apply for a Sensitive Person designation for additional support with their claim. This should come in addition to other services and support given to the case.

Q82

The Notice of Appeal must be filed within 30 days from the date of the decision, along with the other appropriate legal documents to the IAD.

Q83

The supervising lawyer should ensure the new RCIC is trained to provide services to the client and any relevant procedures to handle during their session.

Q84

Client file must clearly include all case documents and any other necessary reports.

Q85

Withdrawal is required when the client does not follow proper instructions, is deceitful, or refuses to accept appropriate advice from the RCIC.

Q86

Addressing client's requests professionally, arriving on time, and appropriately handling clients' emotional outbursts are critical skills for ethical practice.

Q87

Return client's calls promptly, maintain organized schedules, and inform clients of updates are critical approaches for social skills.

Q88

Social skills help RCICs create positive relationships with clients, which creates a better, more efficient working relationship and promotes trust among other individuals. Providing a good experience and positive interactions with clients should always be the goal.

Q89

The ability to accommodate the client's personal and social situations are necessary for a good social skills approach within the courtroom.

Q90

The senior RCIC should support the junior by providing guidance relevant regarding the particular situation of their case and by suggesting necessary legal research to the junior RCIC.

Q91

An important first step in establishing a new RCIC business is to have a complete business plan in place, as setting up a company (incorporation) will then allow the practice to begin to operate.

Q92

A business trust account is necessary to safeguard client funds. The business client account is a separate account for business-related expenditures.

Q93

Important documents in a client's file include the retainer agreement, billing documents, original documents, copies of supporting documents for the immigration application, and copies of the application and any submissions to authorities. All correspondence and the client's documents should be included.

Q94

The RCIC should close the file in writing (email and letter) and send a notice of non-engagement if the client doesn't pay.

Q95

The RCIC should address the issue discreetly with the upset client to resolve the issues.

Q96

The client should request an interim release from CBSA while waiting for the detention review; if the detention centre is not able to grant this request, other legal recourse should be sought from lawyers/legal professionals.

Q97

If the couple needs to leave due to high stress and poor emotional health during the hearing, the RCIC should advise them to seek a psychological assessment and notify the RPD of this prior to the hearing.

Q98

Detention review is scheduled after 48, 7 days, and then every 30 days thereafter.

Q99

The psychological assessment could be a part of the preparation for the hearing.

Q100

When presenting a refugee case before the RPD, the RCIC may need to prepare a written submission as requested by the RPD Member.

Q101

If the claimant's credibility is in question, that can adversely impact the ability to be granted eligibility for a refugee claim hearing.

Q102

Draft a written submission for the RPD to address the client's concerns about the legal issue.

Q103

The factors to consider can include best interests of the children, reunification of the family, spousal support, and continuous relationship.

Q104

The RCIC should advise Jane to file an appeal at the IAD since the refusal to initially approve the sponsorship application occurs within Canada.

Q105

If a client's refugee case has been deemed eligible through the RPD and they have relocated, notifying the RPD of their new address would prevent the case from being closed for abandonment.

Q106

One option is appealing the decision within 15 days, another is filing for judicial review at the Federal Court.

Q107

The RCIC should advise the client to appeal the refusal in the IAD within 60 days, or in the Alternative Dispute Resolution (ADR).

Q108

The children are able to return to Canada even if the parents no longer reside there due are in the best interest of the child.

Q109

The RCIC should assist the client by determining if the travel document is required or not and provide the appropriate legal documents based on the claim.

Q110

The client needs to provide accurate and truthful information at every step of the process, as inaccurateness may influence the outcome.

Q111

The relevant fact is the prior religious divorce, as this impacts the validity of the current marriage.

Q112

The core issue is whether the prior religious divorce is valid under Canadian law and whether the sponsor was the spouse of another person at the time of their marriage.

Q113

An exclusion order more than 5 years prior has no effect on a client's ability to seek refugee protection in Canada.

Q114

The country where the client came from would be a factor in determining whether the client could safely return.

Q115

The issue is that the client left Canada before receiving their PR card for more than 30 days.

Q116

The client must file an application for leave to appeal with the IAD, and also file an application for judicial review to the Federal court.

Q117

Consult with the client, explain the consequences (the client might be deported/detained), and provide the options for the client. The client should file an application for judicial review at the Federal Court.

Q118

The client's removal is determined as of when the ID hearing is completed.

Q119

The client can request a deferral of removal to the CBSA, leave for Judicial Review at Federal court.

Q120

Determining the proper approach should be based on an assessment of the facts of the client's application. The RCIC needs to conduct legal research to provide the client with the correct legal approach.

Q121

Identify the issues, identify the correct legal principles, identify quality and quantity of evidence, and identify legal related program delivery instructions.

Q122

The RCIC should determine the grounds for success, look at the IAD procedures, and start legal research to support the client.

Q123

The RCIC should explain that they will conduct legal and factual research and to seek the client's input on this to construct a proper case strategy.

Q124

The RCIC should advise the client to file for a judicial review at a superior court, and to inform the client what the process involves and why that is essential, along with the importance of providing timely documents.

Q125

The RCIC should advise the client on the potential issues, and explain what legal options are available, along with their consequences.

Q126

The RCIC should refer the client to a mental health professional to provide a diagnosis and document the diagnosis to help with their application for a vulnerable person designation or seek medical assistance.

Q127

The RCIC should advise the client that an application to the IAD can be submitted to have the client’s claim for refugee protections be accepted without a hearing.

Q128

Understanding the facts and details of the case is integral to case law research.

Q129

To do case law research, the senior RCIC should provide information on how to identify and locate relevant precedents, discuss decision types, and explain the difference between binding and non-binding decisions.

Q130

The IAD decisions are binding on subsequent cases as they decide the case on its own merit.

Q131

The RCIC should advise the client to seek legal advice from a criminal lawyer .

Q132

The RCIC should explain to the client that the decision is not appropriate in dealing with their circumstances, and that the refusal letter may be subject to judicial appeal.

Q133

One of the grounds for appeal may be the officer's factual error.

Q134

The RCIC's best approach is to explain that the re-assessment of the relationship's genuineness is within the officer's jurisdiction.

Q135

The decision of a previous appeal made may be considered in a new case as a precedent, therefore the RCIC should explain that the re-determination is the obligation and within the scope of the officer's authority.

Q136

Administrative assistance should be appropriately compensated for working overtime and on statutory holidays.

Q137

A cash-only payment system should be refused as it violates agency guidelines regarding accepting cash, collecting client's money in bank accounts should be the appropriate approach.

Q138

The agent's proposal to collect money in cash should be refused as it is illegal for RCICs to accept cash for services on behalf of clients and payment should be made into an appropriate banking account.

Q139

The correct approach by the RCIC will depend on the facts, therefore, the RCIC should consider whether the law in the prospective country recognizes the legal validity of the marriage on the same ground as well as the jurisdiction and what constitutes appropriate legal representation.

Q 140

The RCIC should advise to pursue all options in the appeal. However, that is dependent on the facts of the case and whether or not the previous procedures/decisions were or are properly followed, and what is permissible or not permissible given the specifics and details of the country/place and process as well as local considerations or rules. This may involve seeking legal review and to advise the client promptly on all available options available including those for their appeal and whether or not the matter may be appealed on humanitarian/compassionate grounds (assuming the appeal is within the legal requirements of Canada).

Q141

The RCIC needs to understand and apply the law that governs the location of the marriage. They must understand the relevant laws in place and the proper procedure, such as judicial review, that may apply given the facts.

Q142

The experienced RCIC should suggest that the junior RCIC review relevant case law and relevant case law summaries and principles, advise the junior on applicable Canadian law for refugee claims and case law, and provide resources the junior can use for legal research. Explain the particular facts of the case and how they match similar cases.

Q143

The RCIC should advise the junior that the question raised by the client is complex and would need to be addressed using a combination of legal and factual research, taking into consideration Canadian legal principles and relevant guidelines.

Q144

The RCIC should check the criminal code for the equivalent Canadian offense to determine if the client’s supposed crime applies here. This will depend on the facts of the case and what is needed in a case that deals with criminal actions.

Q145

The RCIC should advise the client that they are eligible to apply to the IAD to challenge the decision.

Q146

Inform the client that bribing or engaging in corrupt practices is not tolerated in Canada.

Q147

The RCIC should explain to the client that the IRB is responsible for adjusting the hearing schedule and that the client should provide all relevant correspondence from the IRB to the appropriate legal entities.

Q148

The correct section in the IRPA is 36 (1)(a) as this deals with inadmissibility of a person based on criminal offences or similar issues.

Q149

The IAD rulings on appeals from the RPD or other relevant tribunals are binding.

Q150

The fact that the CBSA did not assess whether the client had a need for an interpreter could be a factor in the appeal.

Q151

If the client has a criminal conviction related to violence against a partner, the RCIC needs to advise that they are not qualified to sponsor the spouse due to the criminal nature of the action.

Q152

The Federal Court of Canada has jurisdiction to hear the appeal since it is for inadmissibility and is outside of Canada.

Q153

The RCIC should explain to the client that their cultural concerns regarding the photos should be addressed by involving a female assistant to accommodate the client.

Q154

The RCIC should advise the client that they can file for leave from the Federal court and the reasons why.

Q155

The client should be informed that CBSA may issue a departure or deportation order, and other options available in accordance with the law.

Q156

The RCIC should ask for a written psychological assessment via the client's psychologist explaining to the client the reasons for this prior to the hearing.

Q157

The RCIC should recommend an adjournment and seek a consultation with the psychiatrist so the client can properly deal with their psychological state.

Q158

The experienced RCIC should explain they are not qualified and that they cannot assist the junior RCIC. Recommend that the junior RCIC find an experienced colleague.

Q159

The junior RCIC can attend the hearing as an observer if the client, and the case does not require representation during the hearing, since the client has the right to choose if they need a co-counsel.

Q160

The RCIC should advise that case law is important but other considerations like the facts of the case, client's evidence, and their status is also extremely critical.

Q161

The RCIC needs to advise on the process of applying for the appeal through the proper IAD channels, and the specific criteria an appeal would need to meet to be successful.

Q162

The RCIC should inform the client that they need to provide updates promptly to address any concerns.

Q163

The RCIC needs to evaluate the client’s file and suggest that the case needs further research and advise the client accordingly.

Q164

The RCIC should advise the client to pay their overdue invoice to ensure that the original documents and file are released in a timely manner.

Q165

The RCIC should attempt an agreement to resolve the overdue invoice, advise the client that they may be better off pursuing a different avenue and not pursue the potential complaint.

Q166

The RCIC should advise the former client that they should involve legal counsel for the release of the detainee, especially if they intend to act as the bondsman; the bondsperson does not need to be a relative to the detainee or part of the case; the RCIC should seek to confirm the validity of the bondsperson.

Q167

The RCIC should advise the potentially eligible bondsperson that their income, status, and eligibility for a bondsman are dependent on the facts of their case, and there have been recent decisions that should be made by the court.

Q168

The RCIC should assess the sister’s eligibility as a bondsman using the legal framework/regulations associated with sponsorship applications in place. The assessment may be positive, but it depends on the specifics of the case.

Q169

The Minister's counsel may argue that the client’s actions constitute a danger to the public or that the client is removable or inadmissible based on the failure to report a change of address or other relevant issues.

Q170

The RCIC should advise that the client has the right to make an application for leave to appeal the IAD decision to the Federal Court. Furthermore, the client can also apply for a Humanitarian and compassionate application.

Q171

Because the client already is in detention, the RCIC should advise on their appropriate legal recourse, which would be an application for a leave to appeal and to seek humanitarian and compassionate protection from Canadian courts.

Q172

The RCIC should assist the client in identifying the issues and specific instances to provide appropriate advice for the client's refugee claim hearing.

Q173

The RCIC should empathize and accommodate the client's emotional outburst related to the situation at hand; set the pace to calm the situation and not focus too much on the issues until the client is calmer; and give the client opportunity to recount the most recent events.

Q174

The RCIC should follow up by summarizing the meeting, and providing further instructions on how to proceed with the application in a timely manner for clients to support their case.

Q175

The RCIC should propose an adjournment to the RPD, since the emotional state of the client may impact the quality of evidence and advice for the proceedings.

Q176

The RCIC can seek an adjournment but needs to clearly explain the reasons based on the facts and why it's necessary to consider the health of the spouse, as well as the implications of an adjournment request.

Q177

The RCIC should advise on filing an application before the IAD if ADR is not an option, and explain to the client why this is the most suitable/appropriate approach to resolving the case.

Q178

The RCIC needs to explain to the client that the decision of the IAD must be considered as based on legal and factual grounds to decide whether or not to appeal.

Q179

The client can file the application for another 60-days after the date of the hearing, in accordance with applicable Canadian laws.

Q180

The client needs to await a 60-day period from the negative decision before filing an H&C application, or follow a necessary legal appeal to court.

Q181

The client can file for an H&C application after the 60-day period since they submitted their application.

Q182

The client's claim was approved because they have grounds of refugee claim due to significant risks in their home country due to safety issues.

Q183

Risk of safety and no viable IFA/protective measure to return to their home country. A claim can be allowed after proper validation.

Q184

The relevant resource for IRB members is procedural guide to ensure fair adjudication based on similar cases reported.

Q185

The IRB should ensure there are appropriate interpreters before the hearing, to ensure proper communication and comprehension for both parties.

Q186

The RCIC should confirm the client details and the legal implications. Inform the client, using proper language and supporting resources, about the consequences of misrepresentation and potential implications for their case.

Q187

The RCIC should request/prompt a break to discuss concerns; assure the client, and confirm that the emotional state of the client needs to be addressed appropriately before continuing the hearing. The RCIC should then proceed with the hearing or ask for an adjournment.

Q188

RCIC-IRB needs to review the application and find ways to resolve the misrepresentation, or suggest other options to take regarding the case, not just submit another file; advise the client accordingly.

Q189

It is important that the RCIC-IRB explain the client’s options given the situation: They should advise the client what they can do with their options.

Q190

Empathize with the client and offer assistance. Providing details about the process and informing the client about what their steps are is critical. Supporting documents and evidence must be submitted for consideration.

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