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