5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules.pdf
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5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules Link to Study Material Consolidated federal laws of Canada, Immigration Appeal Division Rules, 2022 Federal laws of Canada https://laws-lois.justice.gc.ca/eng/regulations/SOR-2022-277/index.html Mock Test Questions and Answers...
5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules Link to Study Material Consolidated federal laws of Canada, Immigration Appeal Division Rules, 2022 Federal laws of Canada https://laws-lois.justice.gc.ca/eng/regulations/SOR-2022-277/index.html Mock Test Questions and Answers 1. Under the Immigration Appeal Division (IAD) Rules, what is the time limit for filing an appeal after receiving a decision? a. 15 days b. 30 days c. 60 days d. 90 days Answer: b. 30 days 2. What is required for an appeal to be considered abandoned under the IAD Rules? a. Failure to appear for a hearing b. Not submitting the required documents 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 1 c. Both a and b d. None of the above Answer: c. Both a and b 3. Under the IAD Rules, in what circumstances can an appeal be reopened? a. New evidence has become available b. The appellant was unable to attend the previous hearing c. There was a legal error in the decision d. All of the above Answer: d. All of the above 4. What is the maximum number of days within which the IAD must provide a written record of the decision? a. 30 days b. 60 days c. 90 days d. 120 days Answer: c. 90 days 5. An appellant received a removal order decision on January 1st. By what date must they file an appeal to the IAD? Answer: The appeal must be filed by January 31st, within 30 days of receiving the decision. 6. If an appellant fails to appear for their scheduled IAD hearing, what is the likely outcome? Answer: The appeal may be considered abandoned due to the failure to appear. 7. An appellant's counsel discovers new evidence after the IAD has made a decision. What action can be taken? Answer: The counsel can request to reopen the appeal based on the availability of new evidence. 8. A decision was made by the IAD, but the written record was not provided within 90 days. What recourse does the appellant have? 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 2 Answer: The appellant can inquire about the delay, as the IAD is required to provide a written record of the decision within 90 days. 9. An appellant wishes to be represented by their friend at the IAD hearing. Is this allowed under the IAD Rules? Answer: No, representation must be by a professional counsel in good standing with their regulatory body. 10. What is the first step an appellant must take to initiate an appeal with the IAD? a. Pay the appeal fee b. Submit a written notice of appeal c. Schedule a hearing date d. Consult a lawyer Answer: b. Submit a written notice of appeal 11. Under the IAD Rules, who has the authority to dismiss an appeal without a hearing? a. The Minister of Immigration b. A member of the IAD c. The appellant's representative d. The Federal Court Answer: b. A member of the IAD 12. In what situation can an IAD member decide an appeal without a hearing? a. If the appellant and the Minister consent b. If the appeal is based on humanitarian and compassionate grounds c. If the appeal is straightforward and uncontested d. All of the above Answer: d. All of the above 13. What happens if an appellant does not comply with the directions of the IAD? a. The appeal is automatically allowed b. The appeal is automatically dismissed c. The appeal is postponed indefinitely d. The appeal continues without the appellant's input Answer: b. The appeal is automatically dismissed 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 3 14. Can the IAD make a decision based on the written submissions alone? a. Yes, in all cases b. Yes, but only if both parties agree c. No, a hearing is always required d. No, unless the Minister consents Answer: b. Yes, but only if both parties agree 15. An appellant submits an appeal but does not provide any supporting documents. What is likely to happen? Answer: The appeal may be at risk of being dismissed due to non-compliance with the IAD's directions for providing supporting documents. 16. If both the appellant and the Minister agree to a decision without a hearing, how will the IAD proceed? Answer: The IAD can decide the appeal based on the written submissions alone if both parties agree. 17. An appellant realizes they cannot attend the scheduled hearing. What should they do according to the IAD Rules? Answer: The appellant should promptly inform the IAD and request a rescheduling of the hearing. 18. In a case where the IAD member identifies a legal error in the initial decision, what action can they take? Answer: The IAD member can reopen the appeal to correct the legal error. 19. An appeal has been filed with the IAD, but the appellant's circumstances have changed. Can they withdraw their appeal? Answer: Yes, the appellant can submit a request to withdraw their appeal. 20. What is the primary purpose of the Immigration Appeal Division (IAD) Rules, 2022? a. To regulate immigration applications b. To set procedures for immigration appeals c. To define the roles of immigration officers d. To establish guidelines for refugee claims Answer: b. To set procedures for immigration appeals 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 4 21. Under the IAD Rules, 2022, what is the time limit for filing an appeal after receiving a decision? a. 15 days b. 30 days c. 60 days d. 90 days Answer: b. 30 days 22. Who can represent an appellant in proceedings before the IAD? a. Any family member b. A lawyer or a registered immigration consultant c. Only a lawyer d. Any Canadian citizen Answer: b. A lawyer or a registered immigration consultant 23. What is required for an appeal to be considered by the IAD? a. Payment of a processing fee b. Submission of a written notice of appeal c. Approval from the Minister of Immigration d. A recommendation from an immigration officer Answer: b. Submission of a written notice of appeal 24. Can the IAD dismiss an appeal without a hearing? a. Yes, in certain circumstances b. No, a hearing is always required c. Only if the appellant agrees d. Only if the Minister consents Answer: a. Yes, in certain circumstances 25. An individual receives a removal order and wants to appeal to the IAD. What is the first step they should take? Answer: The individual should file a written notice of appeal with the IAD within 30 days of receiving the decision. 26. A registered immigration consultant is representing a client at the IAD. What is their primary responsibility in this role? 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 5 Answer: Their primary responsibility is to represent the client's interests effectively and ethically in the appeal process. 27. An appeal has been filed with the IAD, but new evidence has emerged. How should this be handled? Answer: The new evidence should be submitted to the IAD as soon as possible, along with a request to consider it in the appeal. 28. A decision by the IAD is believed to be flawed due to a legal error. What is the next course of action? Answer: The next course of action is to seek judicial review of the IAD's decision in Federal Court. 29. An appellant fails to attend their scheduled hearing at the IAD. What are the potential consequences? Answer: The IAD may dismiss the appeal due to the appellant's failure to appear, unless a valid reason is provided. 30. What is the process for submitting new evidence in an ongoing appeal before the IAD? a. Submitting directly to the judge during the hearing b. Filing a formal motion to admit new evidence c. Sending the evidence to the opposing party d. Presenting it at the next scheduled hearing without prior notice Answer: b. Filing a formal motion to admit new evidence 31. How are decisions communicated by the IAD? a. Verbally at the end of the hearing b. In writing within 30 days of the hearing c. Immediately via email d. Through the appellant's legal representative only Answer: b. In writing within 30 days of the hearing 32. Can the IAD's decision be appealed? a. Yes, to the Supreme Court of Canada b. No, IAD decisions are final 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 6 c. Yes, through a judicial review by the Federal Court d. Only with the consent of the Minister of Immigration Answer: c. Yes, through a judicial review by the Federal Court 33. What is the role of the Minister of Immigration in IAD proceedings? a. To make the final decision on appeals b. To provide legal counsel to appellants c. To intervene in cases of public interest d. To oversee the administrative functioning of the IAD Answer: c. To intervene in cases of public interest 34. In what scenario can an appeal be made to the IAD? a. Refusal of a visitor visa b. Denial of a citizenship application c. Removal order issued against a permanent resident d. Rejection of a work permit application Answer: c. Removal order issued against a permanent resident 35. An appellant fails to submit their notice of appeal within the 30-day deadline. What options are available to them? Answer: The appellant may request an extension of the deadline, providing valid reasons for the delay. 36. A hearing at the IAD is scheduled, but the appellant's legal representative is unavailable on that date. What should be done? Answer: A request to reschedule the hearing should be submitted to the IAD as soon as possible, explaining the circumstances. 37. During an IAD hearing, an interpreter makes several errors. How should this be addressed? Answer: The errors should be immediately brought to the attention of the IAD during the hearing for correction. 38. A decision by the IAD is based on a factual error. What is the appropriate action for the appellant? Answer: The appellant should seek judicial review of the decision, highlighting the factual error as a basis for the review. 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 7 39. An appellant receives a favorable decision from the IAD. What are the next steps? Answer: The appellant should follow the instructions provided in the decision, which may include contacting immigration authorities for further processing. 40. What is the standard format for hearings at the Immigration Appeal Division (IAD)? a. Written submissions only b. In-person hearings c. Virtual hearings d. Either in-person or virtual, as determined by the IAD Answer: d. Either in-person or virtual, as determined by the IAD 41. How can an appellant withdraw their appeal at the IAD? a. By not showing up for the hearing b. Through a verbal statement during the hearing c. By submitting a written notice of withdrawal d. Automatically after a certain period of inactivity Answer: c. By submitting a written notice of withdrawal 42. What happens if an appellant fails to comply with the IAD Rules? a. The appeal is automatically approved b. The appeal may be dismissed c. The hearing is postponed indefinitely d. The appellant is fined Answer: b. The appeal may be dismissed 43. Can the IAD grant an extension of time to file an appeal? a. Yes, but only in exceptional circumstances b. No, the deadlines are strict and cannot be extended c. Yes, extensions are routinely granted d. Only if the Minister consents Answer: a. Yes, but only in exceptional circumstances 44. What is the role of the Minister's counsel in IAD proceedings? a. To represent the appellant b. To present the Minister's position on the appeal 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 8 c. To advise the IAD on legal matters d. To observe the proceedings without participating Answer: b. To present the Minister's position on the appeal 45. An appellant's legal representative is no longer able to represent them. What should the appellant do? Answer: The appellant should inform the IAD and arrange for a new representative, if necessary. 5. Study Questions - CICC Exam Prep - Immigration Appeal Division Rules 9
