6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules.pdf
Transcript
6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules Link to Study Material Consolidated federal laws of canada, Refugee Protection Division Rules Federal laws of canada https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2012-256/index.html Mock Test Questions and Answers 1....
6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules Link to Study Material Consolidated federal laws of canada, Refugee Protection Division Rules Federal laws of canada https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2012-256/index.html Mock Test Questions and Answers 1. What is the primary purpose of the Basis of Claim (BoC) form in the Refugee Protection Division (RPD) process? a) To provide a detailed account of the claimant's reasons for seeking refugee protection b) To list the claimant's family members and dependents c) To declare the claimant's financial status d) To schedule the claimant's hearing date Answer: a) To provide a detailed account of the claimant's reasons for seeking refugee protection 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 1 2. An RCIC is assisting a client with a refugee claim. The client has limited documentation to support their claim. How should the RCIC proceed according to the RPD rules? Answer: The RCIC should gather as much evidence as possible, including any available documentation and detailed personal testimony, to substantiate the claim. The RCIC should also explain the lack of documentation in the context of the claimant's situation. 3. Under the RPD rules, a claimant must submit their BoC form within how many days of making their refugee claim? a) 15 days b) 30 days c) 45 days d) 60 days Answer: b) 30 days 4. A claimant is unable to attend their scheduled RPD hearing due to a medical emergency. What action should the RCIC take? Answer: The RCIC should immediately notify the RPD and request an adjournment of the hearing, providing medical evidence to support the request. 5. According to the RPD rules, in what language(s) can a refugee hearing be conducted? a) English only b) French only c) Either English or French, depending on the claimant's preference d) Any language with provided interpretation Answer: c) Either English or French, depending on the claimant's preference 6. An RCIC's client has a fear of persecution based on their sexual orientation but is uncomfortable discussing it openly. How should the RCIC address this in the RPD process? 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 2 Answer: The RCIC should request a private hearing or other accommodations to create a safe and comfortable environment for the client to share their story. The RCIC should also prepare the client on how to effectively communicate their fear of persecution. 7. The RPD rules state that a claimant must provide identity documents: a) In all cases b) Only if they are available c) Within 15 days of the claim d) At the time of the hearing Answer: b) Only if they are available 8. A claimant's refugee claim was denied due to inconsistencies in their testimony. The claimant insists these were due to translation errors. What can the RCIC do? Answer: The RCIC can file an appeal to the Refugee Appeal Division, highlighting the translation issues and providing evidence or arguments to clarify the inconsistencies. 9. Under the RPD rules, a claimant can withdraw their refugee claim: a) Only before the hearing starts b) At any time before a final decision is made c) Within 30 days of submitting the claim d) Only with the permission of the RPD Answer: b) At any time before a final decision is made 10. An RCIC's client is scheduled for a hearing but the client's key witness is unavailable on the hearing date. What should the RCIC do? Answer: The RCIC should request an adjournment of the hearing, explaining the importance of the witness's testimony to the claim and providing evidence of the witness's unavailability. 11. In the RPD process, the claimant's testimony: a) Is optional if there is sufficient documentary evidence b) Is always required to be in person c) Is considered along with other evidence to establish the claim 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 3 d) Is only required for complex cases Answer: c) Is considered along with other evidence to establish the claim 12. A claimant tells their RCIC that they have received threats since filing their refugee claim. What steps should the RCIC take according to the RPD rules? Answer: The RCIC should report the threats to the RPD and request appropriate measures to ensure the claimant's safety and confidentiality, such as a closed hearing or anonymizing the claimant's information. 13. An RCIC's client is not comfortable speaking about their persecution in front of a male decision-maker. What can the RCIC request based on the RPD rules? Answer: The RCIC can request a female decision-maker for the hearing, citing the client's comfort and ability to fully express their case as the reason for this request. 14. The RPD rules allow for an expedited process if: a) The claimant is a minor b) The claim is manifestly well-founded c) The claimant has health issues d) The claimant has been in Canada for less than a year Answer: b) The claim is manifestly well-founded 15. A claimant has difficulty recalling exact dates related to their persecution. How should the RCIC address this in the RPD hearing? Answer: The RCIC should prepare the claimant to explain the reasons for any inconsistencies or memory gaps, emphasizing the traumatic nature of the events and the overall credibility of the claimant's story. 16. A client is anxious about the outcome of their RPD hearing. What can the RCIC tell the client about the timeline for a decision? Answer: The RCIC should inform the client that while there is no fixed timeline for a decision, the RPD generally aims to make decisions in a timely 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 4 manner. The RCIC should also keep the client updated on any communications from the RPD. 17. The RPD rules require that any decision made by the RPD must be: a) Unanimous among all RPD members b) Made within 30 days of the hearing c) Provided in writing with reasons d) Approved by the Minister Answer: c) Provided in writing with reasons 18. A client feels that their hearing was not conducted fairly. What options does the RCIC have to address this concern? Answer: The RCIC can consider filing an appeal to the Refugee Appeal Division or applying for judicial review, particularly if there are grounds to believe that there was a breach of natural justice or procedural fairness in the RPD's conduct of the hearing. 19. Under the RPD rules, when can a claimant's hearing be conducted via teleconference? a) In all cases b) When the claimant is outside of Canada c) If the claimant requests it for convenience d) Under exceptional circumstances or for reasons of fairness and natural justice Answer: d) Under exceptional circumstances or for reasons of fairness and natural justice 20. An RCIC's client is scheduled for a hearing but has limited understanding of English. The client is worried about comprehension during the hearing. What should the RCIC do? Answer: The RCIC should request interpretation services for the hearing in the client's preferred language, ensuring the client can fully understand and participate in the proceedings. 21. According to the RPD rules, a claimant must submit any additional evidence supporting their claim: 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 5 a) At least 10 days before the hearing b) On the day of the hearing c) Within 30 days of submitting the BoC form d) Anytime before a decision is made Answer: a) At least 10 days before the hearing 22. A claimant has new evidence that emerged after submitting their BoC form. How should the RCIC handle this according to the RPD rules? Answer: The RCIC should submit the new evidence to the RPD as soon as possible, ideally at least 10 days before the hearing, explaining its relevance and why it was not included in the original BoC form. 23. The RPD rules state that the claimant's BoC form must be completed: a) In English or French b) In the claimant's native language c) By a legal representative d) In a narrative format without any legal terms Answer: a) In English or French 24. During a hearing, an RCIC notices that the interpreter is making errors in translation. What action should the RCIC take according to the RPD rules? Answer: The RCIC should immediately bring the translation errors to the attention of the decision-maker, requesting accurate interpretation to ensure fair proceedings and accurate understanding of the claimant's testimony. 25. If a claimant fails to appear for their RPD hearing, the RPD may: a) Automatically approve the claim b) Postpone the hearing c) Deem the claim abandoned d) Conduct the hearing in the claimant's absence Answer: c) Deem the claim abandoned 26. An RCIC's client is a minor making a refugee claim. What special considerations should the RCIC be aware of in preparing for the RPD hearing? 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 6 Answer: The RCIC should consider requesting special accommodations for a minor, such as a designated representative or a child-friendly environment, and ensure that the claim is presented in a manner appropriate for the minor's age and maturity level. 27. Under the RPD rules, the confidentiality of a claimant's information: a) Is not guaranteed b) Is maintained except in cases of criminal investigation c) Is always strictly protected d) Can be waived by the claimant Answer: c) Is always strictly protected 28. A claimant expresses concern about the public nature of RPD hearings. What can the RCIC advise to alleviate these concerns? Answer: The RCIC can inform the claimant that RPD hearings are generally not open to the public to protect the claimant's privacy. If there are specific confidentiality concerns, the RCIC can request additional measures, such as a closed hearing. 29. According to the RPD rules, how is a claimant's credibility assessed during the hearing? a) Based solely on their written statement b) Through cross-examination by the RPD member c) By evaluating the consistency and plausibility of their oral and written testimony d) Based on the number of supporting documents provided Answer: c) By evaluating the consistency and plausibility of their oral and written testimony 30. An RCIC's client, while preparing for the RPD hearing, realizes they have important information that contradicts their initial statement. How should the RCIC address this? Answer: The RCIC should advise the client to present this information 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 7 honestly at the hearing, providing a clear explanation for the discrepancy and why the new information is crucial and accurate. 31. In the RPD process, if a claimant needs to amend their BoC form after submission, they must: a) Wait until the hearing to make verbal amendments b) Submit the amendments in writing as soon as possible c) File a new BoC form d) Get approval from the RPD before making any amendments Answer: b) Submit the amendments in writing as soon as possible 32. A claimant is unable to provide a key document for their RPD hearing due to circumstances in their home country. How should the RCIC handle this situation? Answer: The RCIC should explain the unavailability of the document at the hearing, providing any available evidence or context that supports the claimant's inability to obtain the document. 33. The RPD rules allow for an appeal of the RPD's decision to: a) The Refugee Appeal Division b) The Federal Court c) The Supreme Court of Canada d) The Immigration and Refugee Board Chairperson Answer: a) The Refugee Appeal Division 34. During the RPD hearing, the claimant becomes emotionally overwhelmed while testifying. What should the RCIC do? Answer: The RCIC should request a short break to allow the claimant to compose themselves, ensuring that the claimant's emotional state does not hinder their ability to provide clear and coherent testimony. 35. Under the RPD rules, the decision of the RPD is: a) Final and cannot be appealed b) Provisional and subject to review after six months c) Subject to appeal to the Refugee Appeal Division or judicial review d) Automatically reviewed by the Minister 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 8 Answer: c) Subject to appeal to the Refugee Appeal Division or judicial review 36. An RCIC's client has limited literacy skills and is struggling to understand the legal complexities of their claim. How can the RCIC assist the client in the RPD process? Answer: The RCIC should provide clear and simple explanations of the legal process, ensure that communication is tailored to the client's level of understanding, and consider using visual aids or interpreters as necessary. 37. If a claimant does not attend their scheduled RPD hearing, the RPD may: a) Reschedule the hearing automatically b) Proceed with the hearing in the claimant's absence c) Wait for the claimant for a specified period d) Close the file and deem the claim abandoned Answer: d) Close the file and deem the claim abandoned 38. A claimant's personal circumstances change significantly after submitting their BoC form, affecting their need for protection. What action should the RCIC take? Answer: The RCIC should submit an amendment to the BoC form as soon as possible, detailing the change in circumstances and how it impacts the claimant's need for protection. 6. Study Questions - CICC Exam Prep - Refugee Protection Division Rules 9
