CICC Exam Prep - Immigration Division Rules PDF
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Summary
This document contains practice questions and answers on Canadian immigration law. It covers topics such as detention reviews, designated representatives, and language requirements. It's useful for those preparing for a CICC exam or looking to strengthen their understanding of immigration procedures.
Full Transcript
4. Study Questions - CICC Exam Prep - Immigration Division Rules Link to Study Material Consolidated federal laws of canada, Immigration Division Rules Federal laws of canada https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/index.html Mock Test Questions and Answers 1. Under the Imm...
4. Study Questions - CICC Exam Prep - Immigration Division Rules Link to Study Material Consolidated federal laws of canada, Immigration Division Rules Federal laws of canada https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/index.html Mock Test Questions and Answers 1. Under the Immigration Division Rules, how soon must a detention review be held after a foreign national or permanent resident is detained? a. Within 24 hours b. Within 48 hours c. Within 7 days d. Within 30 days Answer: b. Within 48 hours 2. According to the Immigration Division Rules, who can act as counsel for a detainee in a detention review? 4. Study Questions - CICC Exam Prep - Immigration Division Rules 1 a. Any family member b. A lawyer or an ICRC or in good standing of their professional societies c. A friend of the detainee d. Any Canadian citizen Answer: b. A lawyer or an ICRC or in good standing of their professional societies 3. What is the purpose of a "Designated Representative" under the Immigration Division Rules? a. To represent the Minister b. To act in the best interests of a minor or someone unable to understand the proceedings c. To provide translation services d. To adjudicate the hearing Answer: b. To act in the best interests of a minor or someone unable to understand the proceedings 4. Under the Immigration Division Rules, in what language can the proceedings be conducted? a. English only b. French only c. Either English or French d. Any language with translation Answer: c. Either English or French 5. How can a detainee or their counsel provide documents to the Immigration Division? a. In person only b. By mail or fax c. Electronically d. Both b and c Answer: d. Both b and c 6. A permanent resident is detained and requests a detention review. When should this review be scheduled? 4. Study Questions - CICC Exam Prep - Immigration Division Rules 2 Answer: The detention review should be scheduled within 48 hours of the detention. 7. If a minor is involved in an admissibility hearing, who is likely to be appointed to represent their interests? Answer: A Designated Representative will be appointed to act in the best interests of the minor. 8. During a detention review, the detainee wishes to have the proceedings in French. Is this permissible? Answer: Yes, the proceedings can be conducted in either English or French as per the detainee's choice. 9. A counsel for a detainee needs to submit additional documents to the Immigration Division. How can they do this? Answer: The counsel can submit the documents by mail, fax, or electronically. 10. In an admissibility hearing, if a detainee does not have a lawyer, what options are available for representation? Answer: The detainee can represent themselves or have a legal counsel represent them. 11. What is the time limit for the Immigration Division to provide a written record of a decision after a detention review? a. 7 days b. 15 days c. 30 days d. There is no specific time limit Answer: c. 30 days 12. Can the location of an Immigration Division hearing be changed? a. Yes, but only by the Minister b. Yes, if both parties agree c. Yes, at the discretion of the Immigration Division d. No, the location is fixed Answer: c. Yes, at the discretion of the Immigration Division 4. Study Questions - CICC Exam Prep - Immigration Division Rules 3 13. Who decides whether an Immigration Division hearing will be conducted in public or private? a. The Minister b. The detainee or their counsel c. The Immigration Division d. The Federal Court Answer: c. The Immigration Division 14. Under what circumstances can an Immigration Division hearing be joined or separated? a. If the cases are related b. At the request of the detainee c. At the discretion of the Immigration Division d. All of the above Answer: d. All of the above 15. What happens if a permanent resident or foreign national fails to appear for their Immigration Division hearing? a. The hearing is automatically rescheduled b. The hearing proceeds in their absence c. The case is dismissed d. A warrant is issued for their arrest Answer: b. The hearing proceeds in their absence 16. A detainee's counsel wants to challenge the legality of the detention. How should they proceed? Answer: The counsel should make an application to the Immigration Division, outlining the grounds for challenging the detention's legality. 17. If a detainee is not fluent in English or French, what provisions are made for them during the hearing? Answer: Translation services are provided to ensure the detainee understands and participates in the proceedings. 18. A decision is made during a detention review, but the written record is delayed. What is the maximum time the Immigration Division has to provide this record? 4. Study Questions - CICC Exam Prep - Immigration Division Rules 4 Answer: The Immigration Division has a maximum of 30 days to provide the written record of the decision. 19. Can a hearing be conducted privately if sensitive information is involved? Answer: Yes, the Immigration Division can decide to conduct the hearing in private if sensitive information is involved. 20. If two detainees have related cases, can their hearings be combined? Answer: Yes, the Immigration Division can decide to join hearings if the cases are related. 21. Under the Immigration Division Rules, what is the time limit for the Minister to provide documents for an admissibility hearing? a. 10 days before the hearing b. 20 days before the hearing c. 30 days before the hearing d. 48 hours before the hearing Answer: b. 20 days before the hearing 22. According to the Immigration Division Rules, who can act as a designated representative for a detained individual? a. Any family member b. A lawyer or a member in good standing of a provincial law society c. A friend of the detained individual d. A designated representative appointed by the Division Answer: d. A designated representative appointed by the Division 23. What is the purpose of a detention review under the Immigration Division Rules? a. To determine the eligibility for refugee status b. To review the reasons for and conditions of a person's detention c. To decide on an application for permanent residence d. To assess a person's eligibility for citizenship Answer: b. To review the reasons for and conditions of a person's detention 24. Under the Immigration Division Rules, how can a hearing be conducted? 4. Study Questions - CICC Exam Prep - Immigration Division Rules 5 a. In person only b. By teleconference or videoconference c. Through written submissions only d. Any of the above methods Answer: d. Any of the above methods 25. What happens if a permanent resident or foreign national fails to appear for their hearing under the Immigration Division Rules? a. The hearing is automatically rescheduled b. The hearing may proceed in their absence c. The case is dismissed d. The individual is granted an automatic stay of removal Answer: b. The hearing may proceed in their absence 26. A foreign national is detained and a detention review is scheduled. What is the maximum number of days within which the first review must take place? Answer: The first detention review must take place within 48 hours of the detention. 27. If new evidence is presented at a detention review, what can the Immigration Division do? Answer: The Immigration Division can reassess the reasons for and conditions of the person's detention based on the new evidence. 28. A detained individual's designated representative cannot attend the scheduled hearing. What should be done? Answer: The designated representative should inform the Division as soon as possible and request a rescheduling or appoint a substitute representative. 29. In an admissibility hearing, the Minister fails to provide the required documents within the stipulated time. How does this impact the hearing? Answer: The hearing may be postponed, or the Division may proceed with the hearing based on the available information. 30. An admissibility hearing is scheduled to be conducted by videoconference. What are the requirements for this format under the Immigration Division Rules? 4. Study Questions - CICC Exam Prep - Immigration Division Rules 6 Answer: The requirements include ensuring that all parties can effectively participate and that the proceedings are fair and orderly. 31. Who is responsible for fixing the date of a hearing under the Immigration Division Rules? a. The Minister b. The appellant c. The Immigration Division d. The detained individual Answer: c. The Immigration Division 32. Under the Immigration Division Rules, when must a notice to appear at a hearing be provided to the concerned parties? a. At least 30 days before the hearing b. At least 20 days before the hearing c. At least 10 days before the hearing d. At least 48 hours before the hearing Answer: b. At least 20 days before the hearing 33. What is the role of a counsel of record in proceedings under the Immigration Division Rules? a. To represent the Minister b. To act as a mediator c. To represent the appellant or detained individual d. To oversee the fairness of the proceedings Answer: c. To represent the detained individual 34. Can the Immigration Division change the location of a hearing? a. Yes, but only with the consent of all parties b. Yes, at the discretion of the Division c. No, the location is fixed d. Only if the Minister requests it Answer: b. Yes, at the discretion of the Division 35. What is required for an application to be made under the Immigration Division Rules? 4. Study Questions - CICC Exam Prep - Immigration Division Rules 7 a. It must be made in writing b. It must be supported by a sworn affidavit c. It must be approved by the Minister d. It must be submitted at least 30 days before the hearing Answer: a. It must be made in writing 4. Study Questions - CICC Exam Prep - Immigration Division Rules 8