IRB Questions 1-190 (1) PDF

Q1 A client has prepared a BOC before retaining the services of an RCIC. The hearing, is coming up next month, and the RCIC no ces that the police report provided by the client as evidence states a slightly di erent version of events than the ini al...

Q1 A client has prepared a BOC before retaining the services of an RCIC. The hearing, is coming up next month, and the RCIC no ces that the police report provided by the client as evidence states a slightly di erent version of events than the ini al BOC. What is the best approach for the RCIC to adopt in this situa on? o Advise the client to exclude the police report from the evidence disclosure. o Advise the client that they can explain the discrepancy between the police report and the BOC at the hearing. o Advise the client to alter the police report to match the version of events in the ini al BOC. o Advise the client to amend the BOC statement without delay to re ect the accurate version of events and explain why the ini al BOC contained errors. Q2 A client has provided the RCIC with a copy of their community membership card in Canada, witness le ers, and a copy of the U.S Department of State Interna onal 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 di erent faith group posted on the client’s Facebook account. Which evidence addresses the objec ve basis of the client’s claim? o Community membership in Canada o Witness le ers o Interna onal Religious Freedom Report o Minister’s disclosure of the photo from the Facebook account Q3 What is required from the RCIC to ensure compliance with the College’s record-keeping prac ces following the closure of a le? o To maintain all le records for 6 years a er RCIC concluded ac ng on client’s behalf. o To maintain all le records for 7 years a er le comple on. o To maintain all papers records a er RCIC terminated the Retainer agreement. o To maintain all le records inde nitely. Q4 A client approaches an RCIC to start a refugee protec on claim. At the rst mee ng, the client informs the RCIC that they su er from PTSD. The RCIC asks the client if they would like to request an accommoda on for the hearing and the client agrees. What would be the most appropriate step to take to move forward in this process? o Ask the client to sign a wri en consent sta ng that they are a Vulnerable person. o Submit a wri en applica on to the RPD for a Vulnerable Person Designa on. ti ti tt tt tt fi fi fi ff ti ti tt fi ft ti ff fi ti ft ft ti ti fi ti ti ff ti ti ti ti fl ti fi ti ti  o Ask the client to obtain a medical note that states they are a Vulnerable person. o Call the RPD and request hearing accommoda on for their client. Q5 The RCIC sent a complete copy of a client’s immigra on documents to the client’s new counsel, as per new counsel’s request. Then, the new counsel sent the RCIC a le er asking for a complete copy of Client Account records. How would the RCIC respond? o Refuse to disclose the client account records to the new counsel. o Provide a complete copy of the client account record. o Report the new counsel to their regulator for reques ng privileged records. o Inform the client that their new counsel is asking for private account records. Q6 The client signs a retainer with the RCIC to represent them in lling a Refugee Claim from inside Canada How and where would the RCIC le the refugee claim? o Prepare the refugee forms and send the client to the local IRCC o ce to le them. o Create an account at the Refugee Protec on Portal and upload client informa on and forms. o Create an account at the IRB My Case Portal and upload client informa on and forms. o Submit the applica on forms and suppor ng documents through the Authorized Representa ve Portal. Q7 What does ‘Ra o Decidendi’ mean? o It means that the case has been decided. o It refers to the ra onale for the decision. o It means that the case has been overturned. o It refers to the loca on of the case law. Q8 An RCIC in Toronto is represen ng a client before the IAD in a removal order appeal. While researching the case, the RCIC nds a decision rendered by the IAD in Vancouver that deals with the same facts and issues the RCIC is researching. Which of the op ons below best describes the preceden al value of the decision? o The decision is binding as it has been issued by the tribunal’s appeal division. o The decision is not binding as it has been issued by the tribunal. o The decision is not binding as it has been issued by a tribunal in another province. o The decision is binding as it deals with the same set of facts and issues. Q9 Social understanding is a key skill for an RCIC to have. ti ti ti ti ti ti fi fi ti ti ti ti ti ti ti ffi fi ti fi ti tt  Which of the following prac ces will best improve an RCIC’s social skills? o Provide regular updates to clients. o Have a proper mee ng room for mee ng clients. o Pay a en on to body language. o Ensure privacy in their o ces at all mes. Q10 Social understanding is a key skill for RCIC to have. Which of the following describes the meaning of social circumstances? o Concepts in uenced from ac vi es associated with the social environment of a person. o Concepts that con nuously develop and enhance an RCIC’s exper se and scope of prac ce. o Concepts that in uence an RCIC to take responsibility for their own ac ons. o Concepts in uenced by the RCIC’s own prac ce in communica ng with clients. Q11 Which of the following statements is correct as it relates to a statute passed either by House of Commons or provincial legislatures? o It can be used as a secondary source of law in an administra ve body. o It cannot be used as a source of law as it is categorized exclusively as private law. o It can be used as a primary source of law in an administra ve body. o It cannot be used as a primary source of law in an administra ve body. Q12 Social understanding is a key skill for an RCIC to have. Which of the following prac ces will best improve an RCIC’s social skills? o Be an e ec ve communicator. o Take proper notes, when mee ng with clients. o Establish realis c goals and expecta ons with clients. o Dis nguish between the scope of license and scope of prac ce. Q13 Which of the following is a standard legal research step performed by an RCIC? o Iden fy the legal issues of the case to be researched. o Research case laws through search engines. o Seek advice from a lawyer for legal research. o Use the Na onal Documenta on Package as a resource for legal research. Q14 Which of the following criteria is important to note when searching for case law? o Whether the purpose of the case law has clearly been de ned. ti ti ti tt ff ti ti ti fl fl ti fl ti ti ffi ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ti ti ti  o Whether the issues and facts are similar and the case is binding. o Whether the decision in ques on granted the moving party’s request. o Whether the case law is in the best interests of the client. Q15 What would be the RCIC’s rst step when dealing with an immigra on issue? o Have adequate and quali ed sta to conduct legal research. o Look at textbook publica ons and develop a strategy based on that. o Iden fy the relevant Ministerial Instruc ons addressing the issue. o Find relevant provisions to address the problem in the IRPA and the IRPR. Q16 What is the role of the Immigra on Appeal Division? o To hear sponsorship appeals, residency obliga on appeals and removal order appeals. o To conduct deten on review appeals and residency obliga on appeals. o To assess refugee appeals. o To make determina ons on humanitarian and overseas appeals. Q17 What is the tle of the document in an RAD appeal submission that includes the issues, errors, references to new evidence, and a decision sought? o Legal Authori es. o Transcript. o Wri en Statement. o Memorandum. Q18 A client contacts an RCIC with respect to an appeal at the IAD. The client has already led the No ce of Appeal and asks the RCIC to assist with submi ng new evidence before the IAD. Which of the following is correct with regards to the lling of evidence before the IAD? o The evidence must be led at least 30 days before the date of the hearing. o No new evidence can be led, and the appeal will be based on the evidence already on record. o Hearings at the IAD are ‘de novo’, and any new evidence can s ll be led as per the Rules. o Evidence available at the me of the ini al applica on cannot be submi ed. Q19 A new RCIC is se ng up their prac ce and developing adver sements. In the proposed ad, the RCIC states that the following services are provided: Family Class Sponsorship, Sponsorship appeals, Deten on Review and PR Card renewals. What must the RCIC do in order to post this ad? tt ti ti ti ti ti ti tti fi ti fi fi ti ti ti ff fi ti ti ti ti ti ti fi ti tti ti ti fi tt ti fi  o Register as Counsel with the IRB. o Obtain an RCIC-IRB specializa on class license from the College of Immigra on and Ci zenship Consultants. o Apply for special E&O insurance. o No fy Minister’s Counsel that they appear before the IRB. Q20 A client, who lost their status a er coming to Canada as a student, was sponsored by their Canadian common-law partner. The client has just received a refusal le er and wants to know about their op ons. How should the RCIC respond to the client’s concern? o The client does not have any other op on but to leave Canada. o The client can apply for leave and judicial review at the Federal Court. o The client can appeal at Immigra on Appeal Division. o The client can apply for restora on of status as a student. Q21 A client wants to know if it is possible for their spouse to apply for a visitor visa while the spouse’s permanent residence, applica on which is being sponsored by the client’s overseas, is in process. How should the RCIC respond? o The sponsored client can apply for a visitor visa while wai ng for the permanent residence applica on. o The sponsored spouse cannot apply for a visitor visa while they have a permanent applica on in progress. o The sponsored spouse can apply for the visitor visa but must cancel their permanent residence applica on rst. o The sponsored spouse can apply for a visitor visa but should not men on they have applied for permanent residence. Q22 A client, who claimed refugee status at the port of, 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? o On the grounds that the client does not have any iden ty documents. o On the grounds that the client does not have su cient evidence with them. o On the grounds that the client cannot speak English or French. o On the grounds that the client claims refugee status at the port of entry. ti ti ti ti ti ti fi ti ti ti ft ti ti ffi ti ti ti tt ti  Q23 A client approaches an RCIC for assistance submi ng a refugee claim from inside of Canada. The client explains that they have to come to Canada with the help of a human smuggler who le 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? o The claimant will be sent back to the USA because of safe third country agreement. o The claimant will be deported to their country of origin because of interna onal agreements. o The claimant will be able to apply for humanitarian and compassionate grounds. o The claimant will be allowed to claim refugee status because they did not cross the border at the port of entry. Q24 An RCIC is preparing wri en submissions for a Removal Order Appeal before the Immigra on Appeal Division. In looking for case law to support their arguments, the RCIC nds 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? o The said decision is from a concurrent jurisdic on and thus, not binding. o The said decision is from a higher authority and can be relied upon. o The said decision is rendered by a di erent jurisdic on and thus, not binding. o The said decision needs to be cer ed as jurisprudence to be binding. Q25 An RCIC is preparing legal arguments on a ‘sur place’ refugee ma er before the Refugee Protec on Division. The RCIC wishes to nd legal precedents on which to base their arguments on and nds a recent decision from the Federal Court. In looking further, the RCIC is not able to con rm or nd another decision on the issue. Which of the following statements is correct as it relates to the se ng of a legal principle? o The decision in ques on rendered by the FC does form a legal principle as no ques on was cer ed by the court. o The decision in ques on is rendered by a higher authority such as the FC, and thus, this decision alone forms a legal principle. o Unless the decision has been published, one decision alone from the FC does not set a legal principle. o Unless the decision is from the SCC or the FCA, one decision from the FC does not set a legal principle. fi ti fi ti ti fi fi ft ti ti tt ti fi ff fi ti ti tti tti tt ti ti fi  Q 26 Which of the statements below is correct as it relates to the right to appeal a decision rendered by the Federal Court on an immigra on ma er? o Immigra on case decisions can be appealed only if one of the par es to the proceedings challenges the decision. o Immigra on case decisions can be appealed only if Federal Court cer es a ques on. o Immigra on case decisions of the Federal Court can always be appealed to the Federal Court of Appeal. o Immigra ons case decisions of the Federal Court can always be appealed to the Supreme Court of Canada. Q27 What is immigra on law based on? o Immigra on Law is based on statutes passed by a provincial legislature. o Immigra on Law is based on common law. o Immigra on Law is based on both statute and common law. o Immigra on Law is based on statute. Q28 Which of the op ons below fall under ”subordinate legisla on”? o Chairperson’s Guidelines. o Immigra on and Refugee Protec on Act. o Immigra on and Refugee Protec on Regula ons. o Opera onal Bulle ns and Manuals. Q29 Which of the op ons below best describes the term “subordinate legisla on”? o Legisla on made by a body other than the legislature as authorized by statute. o Legisla on made by the Senate of Canada. o Legisla on made by the House of Commons. o Legisla on made by a legislature as authorized by statute. Q30 Which of the op ons below cons tute one of the fundamental principles of Administra ve Law? o Delegated legisla on must not con rm to the statute under which is passed. o Administrators may sub delegate their decision making power. o Administrators may exercise their discre on as they see t. o Administrators must stay within their jurisdic on. Q31 Which of the statements below best describes the meaning of discre on under Administra ve Law? o Power to choose a course of ac on from the decision makers own belief. ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ti tt fi ti ti ti fi ti ti ti ti  o Power to choose a course of ac on from op ons available under the law. o Power to consider any factors that a decision maker wishes to consider. o Power to delegate the authority for making the decisions to others. Q32 Which of the statements below best describes the role of judicial review in ensuring that the execu ve branch follows the principles of Administra ve Law? o The right to judicial review in the immigra on context is only permi ed in situa ons as provided in IRPR. o The right to judicial review in the immigra on context is only permi ed in situa ons as provided in IRPA. o The right to judicial review is only permi ed in circumstances where a statute of general applica ons allows it. o The right to judicial review is cons tu onal in nature and available even when statute prohibits it. Q33 Which of the statements below best describes the meaning of “procedural fairness”? o Procedural fairness means bias in an agency arising from characteris cs of the agency’s structure or func ons. o Procedural fairness does not provide the right to a fair decision, but the right to a decision reached through a fair process. o Procedural fairness always provides the right to an oral hearing with the decision maker before a decision is made. o Procedural fairness entails the absolute right of a party to a end the proceedings to which they are a party. Q34 Which of the statements below best describes the meaning of ‘standard of proof’? o Standard of proof is the quality of evidence provided. o Standard of proof is the obliga on to provide su cient evidence. o Standard of proof is the requirement to collect evidence and iden fy witnesses. o Standard of proof is the requirement to provide a book of authori es. Q35 Which of the following statements best describes the term “scope of license”? o Taking on immigra on ma ers within the authority granted by the Act and Regula ons. o Taking on immigra on ma ers from a par cular socio-economic background only. o Taking on immigra on ma ers based on the needs of the clients and advancing their interests. o Taking on immigra on ma ers within the authority granted by the regulatory body. ti ti ti ti ti ti ti tt tt tt tt ti ti ti ti tt ti ti ti ti ffi ti tt ti ti tt tt ti ti ti ti  Q36 An RCIC is retained by the client to le a sponsorship applica on for their spouse. The applica on was refused, and the RCIC led a no ce of appeal to the IAD. A week before the appeal, the client advised the RCIC that they would rather retain an immigra on lawyer to represent them at the appeal before the IAD. What must the RCIC do rst in this situa on? o Assist the client in retaining an immigra on lawyer. o Inform the IAD in wri ng that the RCIC is withdrawing from representa on of client. o Bill all the funds in the client account. o Deliver all documents to the client except the no ce of appeal. Q37 An RCIC is represen ng a client in a refugee ma er. While wai ng for the hearing to be scheduled, the RCIC received disclosure from the Minister that the client has been convicted of a serious non-poli cal crime and was referred to an inadmissibility hearing. The RCIC has very limited experience with these ma ers. What must the RCIC do? o Recognize their own limita ons and refer the client to a colleague who prac ces in this area. o Recognize their own limita ons and charge client addi onal fees for the RCIC to a end training. o Recognize their own limita ons and seek the client’s permission to represent them at the hearing. o Recognize their own limita ons and discreetly ask a colleague to help with the hearing. Q38 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 applica on and an H&C( Humanitarian and Compassionate) applica on. Which of the following best describes the approach to be taken by the RCIC? o Inform client that it would be best for them to apply for both H&C and sponsorship. o Inform client that it would be best for them to apply for sponsorship only. o Inform client that it would be best if they wait un l they are called by CBSA rst. o Inform client that it would be best for them to apply on H&C grounds only. Q39 The RCIC is hired by a failed refugee claimant to represent them with their appeal at the RAD. The RCIC received the nega ve decision and determines the due date to le the No ce of Appeal. The RCIC has a busy prac ce, and the assistant misses the deadline to le the No ce of Appeal. What should the RCIC do? ti ti ti ti fi ti ti ti ti ti ti ti tt fi ti ti fi ti ti ti tt ti ti ti ti ti fi ti fi fi ti tt ti ti  o Take responsibility for their own ac ons and prac ce and admit to the mistake. o File the No ce of Appeal and Applica on to Extend Time without discussing it with client. o Blame the missed deadline on the assistant and discipline the assistant. o Inform the RAD of the missed deadline and seek guidance on how to rec fy the situa on. Q40 A client was referred to an RCIC by the RCIC’s brother to represent them on the deten on 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 situa on? o Refuse to take over the case because the brother asks the RCIC to do it pro bono. o Accept money from the client for the brother to use to post a bond. o Con nue with the case and instruct the brother on the obliga ons of a bond’s person. o Refuse to take over the case due to a poten al con ict of interest. Q 41 The obliga on to cultural awareness when providing immigra on services falls under what category under the Code of Professional Conduct? o The duty to deliver quality of services. o The duty to maintain con den ality. o The duty of competence and diligence. o The duty to avoid con ict of interest. Q42 An RCIC has a client from a par cular ethnicity. In elici ng informa on 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? o The RCIC cannot generalize an ethnicity based on one individual’s experience. o The RCIC may assume that their client’s experience is applicable to all persons of their ethnic background. o The RCIC can proceed with a clear understanding of the client’s ethnic background by hearing about one person’s experience. o The RCIC should refer the client to another RCIC of the client’s background. Q43 Implicit bias broadly refers to the a tudes or stereotypes that a ect our understanding, ac ons, and decisions in an unconscious manner. Which of the answers below is a key characteris c of implicit biases? ti ti ti ti ti fl fi ti ti ti ti ti tti ti ti ti fl ti ti ti ff ti ti ti  o The implicit associa ons we hold are always aligned with our declared beliefs. o The stances we explicitly endorse are always aligned with our desired beliefs. o The implicit associa ons we hold do not necessarily align with our declared beliefs. o Implicit biases are not pervasive and not everyone possesses them. Q44 A work permit holder in Canada approaches an RCIC sta ng that major con ict has broken out back home and that they are a liated to the opposing poli cal party. They ask if they can s ll use their exis ng work permit while they wait for their refugee claim to be processed. How should the RCIC advice the worker? o The work permit expires as soon as the worker applies for refugee protec on in Canada. o The work permit is valid un l it expires or a removal order against the worker becomes enforceable. o The work permit is no longer required as the worker will hold a Refugee Protec on Claimant document o The work permit is void and the worker will have to apply for a new work permit by ling Schedule 12. Q45 The client, a refused refugee claimant in Canada who holds a valid work permit that was obtained a er making the refugee claim, is interested in remaining in Canada and applying for a change of condi ons to an employer- speci c work permit as they found an employer who has obtained an unnamed LMIA to support a foreign worker for permanent, skilled employment Can the client accept the job o er? o The client is subject to an unenforceable removal order and will not qualify for a work permit; the client must leave Canada before accep ng the job o er. o The client should apply for a work permit from within Canada immediately to avoid deporta on; the client may accept the job o er condi onally. o The client can accept the job o er, but, as long as they meet the employer’s educa on and experience requirement, the exis ng work permit confers status. o The client is eligible for an open work permit as a refugee claimant; the client should accept the job o er and apply for permanent residence as a skilled worker. Q46 The client is appealing a removal order following a nega ve residency obliga on determina on made from a PR card renewal applica on. The client is furious and insists that it is IRCC’s job to prove that they, the client, did not comply with the residency obliga on. The client also insists that they have good reason for being away from the country from so long, and they want to appeal How would the RCIC respond? ti ti ti ft ti ff ti ti ti ti ff ff ffi ti fi ff ti ti ti ti ti ti ff ti ti fl ti ti ti fi  o Agree with the client and submit wri en representa ons to the IAD about the Minister’s lack of su cient evidence. o No fy the client that it is the applicant’s responsibility to demonstrate that there are compelling reasons to stay the removal order. o File a No ce of Appeal ci ng that Minister’s breach of the rules of procedural fairness by failing to give the client an opportunity to respond. o Serve and le applica on for leave and for judicial review against the nega ve PR card renewal decision. Q47 For refugee claims in Canada, who bears the responsibility to rebut the presump on of state protec on? o The Claimant o The Minister o The RPD o The UNHCR Q48 A refugee claimant , who arrived in Canada 2 years ago, has a hearing coming up. However, 6 months ago, war broke out in their home country, and the refugee now fears returning home for more reasons than ini ally noted in their Basis of Claim (BOC) form. How should the RCIC advise the claimant? o The claimant has su cient evidence for a pre-removal risk assessment applica on with the new informa on. o The claimant has a de facto claim because of the recent war breaking out. o The claimant must relate the impacts of the war to their refugee claim to avoid adverse credibility ndings. o The claimant has a sur place claim and should amend their BOC immediately. Q 49 In which of the following circumstances may the Refugee Appeal Division refer the ma er back for reconsidera on to the Refugee Protec on Division? o The Minister has intervened in the appeal. o The ini al claim was rejected for being manifestly unfounded. o The RPD decision is wrong in law, fact or mixed law and fact. o The claimant’s credibility was not in ques on. Q 50 The IRB notes in its Assessment of Credibility in claims for Refugee Protec on that,” when a claimant swears that certain facts are true, this creates a presump on that they are true unless there is valid reason to doubt their truthfulness”. What is quote referring to? ti ti ti ffi fi fi ti ti ffi ti ti ti ti tt ti ti ti ti ti ti ti ti tt  o Assessing the presump on of state protec on guided by case law. o Assessing the star ng point in credibility rooted in case law. o Assessing corrobora ng evidence guided by case law. o Assessing the admission of hearsay evidence rooted in case law. Q51 In Vavilov, the Supreme Court found that ,” a decision maker’s failure to meaningfully grapple with key issues or central arguments raised by the par es may call into ques on whether the decision maker was actually alert and sensi ve to the ma er before it.” What does this mean? o The decision maker is required to give the claimant an opportunity to provide wri en post hearing submissions under the rules of procedural fairness. o It is not enough to for a decision maker to merely men on evidence or arguments made by the claimant. o The decision maker is required to refer to every piece of evidence put forth by the claimant to corroborate the claim. o It is su cient for the decision maker to subs tute and prefer its own non-o ensive objec ve evidence over the claimant’s Q 52 A client a ends a consulta on with the RCIC and asks whether it is okay for them to travel back home for a holiday. Towards the end of the appointment, the client presents a copy of an applica on for Cessa on of Refugee Protec on that was received in the mail two days ago What should the RCIC advise? o It is okay to return home as long as this is the last me. o The Minister’s applica on will not impact the client’s permanent resident status. o The client should prepare to explain why they misrepresented themselves in the claim. o Do not return home as the client’s status in Canada is in jeopardy. Q53 A client who has just lost their refugee appeal is asking an RCIC if they could represent the client before the Federal Court. How should the RCIC respond to the client? o The RCIC will do everything to help the client stay in Canada as long as the client is able to pay the fees. o The RCIC’s scope of prac ce does not include representa on at the Federal Court, so the client will need a lawyer’s assistance. o The RCIC advises the client to seek help elsewhere because the RCIC does not feel competent to deal with the Federal Court. ti ffi ti tt ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti tt ff tt ti  o The RCIC can apply on Humanitarian and Compassionate grounds instead of going to the Federal Court. Q 54 An RCIC has prepared a retainer for their refugee claimant client who does not speak English and French. The client has brought a rela ve with them who speaks one of the o cial languages in Canada. What should the RCIC do? o Use an interpreter to tell the client that they must sign the retainer even though they do not speak the o cial languages. o Explain to the client’s rela ve that they can interpret the retainer, so the client could understand what they are signing. o Prepare an o cial transla on of the retainer and ask the client to sign the version in the client’s language. o Advise the client to use a translator to have the retainer in their language but they s ll need to sign the English or French copy. Q55 A licensed RCIC is approached by a fellow student who would like to register an immigra on consultancy together. The former fellow student explains that they have never obtained their RCIC license but have many poten al clients. How should the RCIC respond to this request? o They can register the immigra on consultancy as long as one of them has a license. o They cannot register an immigra on consultancy if one of them does not have a license. o They can work together without registering any company because they know each other. o They can register an immigra on consultancy under the name of licensed consultant. Q56 A client becomes very upset a er receiving a nega ve decision from the RPD. The client calls the RCIC and blames them for their nega ve decision. The RCIC is also upset because they know they worked extremely hard to represent the client. How should the RCIC manage the situa on? o The RCIC does not take blame personally and invites the client to the o ce to discuss the outcome. o The RCIC tells the client that they are busy at the moment and can discuss the ma er another day. ti ffi ffi ti ti ti ti ti ft ti ti ti ti ti ffi tt ti ffi  o The RCIC does not respond to the client’s call because they need me to prepare before speaking to the client. o The RCIC sends an email to the client with the detailed list of services rendered, instead of taking the call. Q57 An RCIC would like to use tes monials from happy clients on their new website. The RCIC remembers one par cular client who was extremely happy and was ready to share their experience with others. What should the RCIC do in order to publish the client’s tes mony? o Call the client and ask their permission to use what they wrote in their “thank you” email. o Publish the tes monial and change the name of the client for privacy reasons. o Send an email to the client reques ng their wri en consent. o Publish the tes monial without the client’s permission. Q58. An RCIC has prepared a retainer for their refugee claimant client who does not speak English or French. The client has bought a rela ve with them who speak one of the o cial languages in Canada? What should the RCIC do? o Use an interpreter to tell the client that they must sign the retainer even through they do not speak the o cial languages. o Explain to the client’s rela ve that they can interpret the retainer, so the client could understand what they are signing. o Prepare an o cial transla on of the retainer and ask the client to sign the version in the client’s language. o Advise the client to use a translator to have the retainer in their languages but they s ll need to sign the English or French copy. Q59. A licenced RCIC is approached by a former fellow student who would like to register an immigra on consultancy together. The former fellow student explains that they have never obtained their RCIC license but have many poten al clients. How should the RCIC respond to this request? o They can register the immigra on consultancy as long as one of them has a license. o They cannot register an immigra on consultancy if one of them does not have a license. o They can work together without registering any company because they know each other. o They can register an immigra on consultancy under the name of the licenced consultant. ti ffi ti ti ffi ti ti ti ti ti ti ti ti ti tt ti ti ti ffi ti  Q60. A client become very upset a er receiving a nega ve decision from the RPD. The client calls the RCIC and blames them for the nega ve decision. The RCIC is also upset because they know they worked extremely hard to represent the client. How should the RCIC manage the situa on? o The RCIC does not take the blame personally and invites the client to the o ce to discuss the outcome. o The RCIC tells the client that they are busy at the moment and can discuss the ma er another day. o The RCIC does not respond to the client’s call because they need me to prepare before speaking to client. o The RCIC send an email to the client with a detailed list of services rendered, instead of taking the call. Q61. An RCIC would like to use tes monials from happy clients on their new website. The RCIC members one par cular client who was extremely happy and was ready to share their experience with others. What should the RCIC do in order to publish the client’s tes mony? o Call the client and ask their permission to use what they wrote in their “thankyou” email. o Publish the tes monial and change the name of the client for privacy reasons. o Send an email to the client reques ng their wri en consent. o Publish the tes monial without the client’s permission. Q62.The RCIC is in a mee ng with client A who is in a civil dispute with client B, who will be arriving at the o ce shortly. What should the RCIC do? o Re-schedule the mee ng and no fy sta to not schedule these clients back-to-back. o Call security and no fy sta members to not schedule these clients back-to-back. o Allow the clients to meet and the RCIC can mediate. o Allow the clients to meet and get a professional mediator to solve the dispute. Q63. Which of the statements below is correct as it relates to microaggressions? o Microaggressions are a re ec on of unconscious or implicit biases. o Microaggressions are verbal communica ons that do not target any one speci cally. o Microaggressions are a good interviewing techniques to be applied by an RCIC. o Microaggressions do not include subtle rude remarks about a person. Q64. Which of the following op ons is correct as it relates to being a culturally responsive RCIC? ti ti ffi ti ti ti ti fl ff ti ti ti ti ti ft ti ff ti ti tt ti ti ti ffi fi tt  o Being aware that groups who expensive systemic marginaliza on have access to power. o Being aware of the misunderstandings among culturally diverse clients. o Being aware of one’s own cultural iden ty, beliefs and value systems, and how these impact others. o Being aware that diverse ethnic groups always have the same access to legal jus ce. Q65. Which of the following demonstrates that an RCIC understands cultural competence? o Understands that each person has an own cultural background with no di erence within cultures. o Understands the history and the languages of their client’s culture. o Understands and honour the folklore and art galleries of an ethnic group. o Understands and honour the history, languages and tradi ons of the client’s culture. Q66. The appellant a ended the rst hearing at the IAD and tes ed along with their spouse, the principal applicant, in a sponsorship appeal. The appellant, however, no longer wishes to con nue the appeal and instructs the RCIC to withdraw it before the hearing resumes in 6 weeks. What should the RCIC do? o Advise the applicant that a formal applicant to withdraw the appeal must be made. o Prepare a No ca on of Withdrawal of an Appeal and serve it to the CBSA and the IAD. o File a No ce of Mo on to the IAD to withdraw the appeal and serve to the CBSA. o Send a le er to the IAD and cc Minister’s Counsel no fying them of the client’s inten on to withdraw. Q67. An RCIC is working on a complex spousal sponsorship appeal. While reviewing the client’s documents, the RCIC no ces a signi cant discrepancy in the client’s explana on. What should the RCIC do? o Reprimand the client for not being truthful. o Ask the client to provide an explana on about the discrepancy. o Explain to the client the importance of withholding informa on to be Board. o Pretend that nothing happened to keep the client happy. Q68. A client comes to an RCIC’s o ce with their BOC from already completed. While reviewing the form, the RCIC nds out that the form is outdated. The client explains that they got the form a friend who was successful in their claim some me ago. How should the RCIC respond to the client? o Explain to the client that there is a current form that must be lled out no ma er what happened to their friend. ti ti tt ti fi ti ti fi tt ti fi ffi fi ti ti ti ti ti ti ti fi ti fi ff ti tt ti ti  o Advise the client that it does not ma er which form is used as long as their claim is genuine. o Pretend to not no ce the old form and submit it the way it is to save me. o Instruct the client to ll out the new form if they want their claim to be accepted. Q69. An agent has referred a client to the RCIC to represent them in a residency obliga on appeal. The client contacts the RCIC directly and explain that the agent charged the client an amount di erent from the one on the retainer. How should the RCIC address the issue? o Advise the client to ask the Agent to resolve the issue because it is the Agent’s fault. o Advise the client that the RCIC will work with the Agent to resolve the issue. o Advise the client that the Agent will contact the client to resolve the issue. o Advise the client that the amount will be xed with the next installment. Q70. A client is a refugee claimant at the airport. When ques oned, they admit their iden ty documents are false, but they were in desperate need to ee their country. How would the RCIC best counsel the claimant in regard to their eligibility to make a claim? o The client is ineligible to be referred to the IRB due to misrepresenta on. o The client is ineligible to be referred to the IRB due to serious criminality. o The client is ineligible to be referred to IRB due to their obliga on to answer truthfully. o The client will be eligible to be referred to the IRB to explain why they used a false document. Q71. An RCIC wants to be removed as counsel of record 1 day before the appeal hearing. What should the RCIC do? o Inform the client that the RCIC will not be appearing at the hearing so that the client can nd another counsel. o Appear at the hearing and con nue to represent the client because the RCIC does not have any other choice. o Appear at the hearing and ask the IAD to be removed as counsel of record. o Inform both the client and the IAD that the RCIC will not be appearing at the hearing. Q72. What is the primary considera on that must be weighed if an RCIC wishes to withdraw from representa ve of a client? o The client refuses to pay the RCIC’s fees. o The client must not su er prejudice. o The client’s documenta on is insu cient. o The client fails to follow instruc ons on a signi cant point. fi ff ti ti fi ff ti ti ti ffi ti tt fi fi fl ti ti ti ti ti ti  Q73. A client was detained by the CBSA for not having legal status in Canada. The next day, the client appeared before a Member of the ID. At the hearing, the client was given the opportunity to provide the informa on for a bondsperson. The client’s only contact in Canada is the client’s partner whom the client has known for more than 2 years. The partner is an interna onal student currently pursuing a second year of studies at a Canadian university. What should an RCIC advise? o Request that the partner provide the informa on to the ID Member. o Request that the ID Member postpone the hearing in order to give the partner me to provide the informa on. o Request permission from the Minister’s counsel to postpone the hearing un l the following day. o Request that the partner do not provide the informa on because they do not meet the requirements. Q74. A refugee claimant’s claim led in 2017 was refused 5 days ago. The claimant has obtained new addi onal documents to further support their claim. What should the RCIC advise? o The refugee claimant has no recourse to a judicial review at the Federal Court. o The refugee claimant has no recourse to an appeal at the RAD. o The refugee claimant has recourse to a judicial review at the Federal Court. o The refugee claimant has recourse to an appeal at the RAD. Q75. A client, who is a protected person and a permanent resident of Canada, has traveled to their country of origin to arrange for their child’s marriage. Upon returning to Canada, the client was issued a Residence Ques onnaire by a CBSA o cer. What should an RCIC advise? o The client does not need to complete the Residence Ques onnaires. o The client may receive the Ministry’s applica on to cease refugee protec on. o The client will retain their permanent resident status. o The client may receive the Minister’s applica on to vacate their permanent resident status. Q76. What is speci c to a sur place “refugee claim”? o Events arising a er the claimant’s departure from their country of origin. o Events that occurred while in the country of ci zenship or na onality. o The fact that the claimant has an internal ight alterna ve. o The fact that the claimant has a subjec ve fear but no obliga on basis for fear. ti ft fi ti ti ti fi ti fl ti ti ti ti ffi ti ti ti ti ti ti ti ti ti  Q77. A poten al client wants to retain the services of an RCIC for a refugee appeal, but the no ce of appeal was due 2 weeks earlier. What should the RCIC advise? o It is not too late to le a no ce of appeal, as long as the applicant’s record is perfected within the due dates, given that the no ce was led on me under RAD rule 12. o Seek legal advice regarding a judicial review before the Federal Court. o A no ce of appeal can be led with an applica on for an extension of me under RAD rule 6. o It is too late to le an appeal and the client should wait un l they become eligible for a pre-removal risk assessment if they have new evidence to submit. Q78. An RCIC has been retained to represent a client at an IAD hearing. The client provided all the requested documents for submission. Since submi ng the documents, the RCIC has not received any correspondence from the IRB. Which of the following forms is most likely missing from the RCIC’s submission? o IMM5476 – Use of Representa ve o IRB101.01 – No ce of Client Contact Informa on o IRB 101.02 – Counsel Contact Informa on o IRB 101.03 – No ce of Representa ve without a fee or other considera on. Q79. A client contacts an RCIC for assistance with a residency obliga on appeal. The day before the hearing, the client brings an important document that was not submi ed with the disclosure package. What should the RCIC advise? o The IAD will not accept new documents because the appeal at the IAD is not a ‘de novo’ hearing. o The IAD will not accept the document as genuine because it was not submi ed previously. o The IAD may accept documents that are submi ed at any me before the hearing if there is a good explana on. o The IAD may only accept new documents if they are submi ed at least 20 days before the hearing. Q80. A client, who has the right to a refugee appeal, is worried about mee ng the deadline for lling a no ce of appeal because of being ill. The client seeks the advice of an RCIC. What should the RCIC advise the client? o Request an extension of me for ling of a no ce of appeal with someone at the IAD. o File a no ce of appeal within 60 days according to the RAD Rules. fi ti ti ti ti ti fi ti ti fi ti ti fi ti ti fi ti ti ti ti ti ti tt fi tti ti ti ti tt ti ti ti tt ti tt  o The RAD Rules do not allow extensions of me to le a no ce of appeal. o The RAD Rules allow extensions of me to le a no ce of appeal. Q81. The client arrives for a consulta on and appears agitated and confused. The client provides the RCIC with the No ce to Appear for a refugee hearing in 2 months at the IRB. The client also provides a medical le er that states they have severe depression and su er from psycho c episodes. What should the RCIC do? o Request a Sensi ve Person Designa on. o Become the Designated Representa ve for the client. o Book a consulta on appointment with a psychiatrist. o Apply for a Vulnerable Person Designa on. Q82. A client has never returned to Canada since leaving as a permanent resident in 2012. The applica on for a travel document was refused since the visa o cer determined that the client failed to meet residency requirements. The client retained an RCIC to help with the case. At which division should the RCIC le the No ce of Appeal and what is the meline from the date of receiving the wri en decision? o The IAD and no later than 30 days. o The ID and nit later than 45 days. o The IAD and no later than 60 days. o The ID and no later than 60 days. Q83. The RCIC has a busy prac ce with the number of refugee hearings coming up soon. The RCIC decides to hire a new RCIC who has their IRB license to assist and a end some of the upcoming hearings. The new RCIC has never represented clients before the RPD nor observed any refugee hearings. Which of the following is the correct ac on? o The RCIC is required to provide the necessary training to the RCIC before they can a end to a hearing. o The new RCIC is competent to represent clients at the hearing and can get started preparing for the hearings. o The new RCIC has their IRB license and can be appointed as a designated representa ve at the hearings for the clients. o The new RCIC is licensed to prac ce before the RIB, and, thus, the RCIC can safely assume the new RCIC’s competency. Q84. Which of the following is the necessary component of the Client File by de ni on, according to the Client File Management Regula ons? ti ti ti ti tt ti ti tt ti fi ti ti ti ti ti ti ti fi ti ti fi ti ti ffi