7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules.pdf

7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules Link to Study Material Consolidated federal laws of canada, Refugee Appeal Division Rules Federal laws of canada https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2012-257/index.html Mock Test Questions and Answers 1. What is...

7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules Link to Study Material Consolidated federal laws of canada, Refugee Appeal Division Rules Federal laws of canada https://www.laws-lois.justice.gc.ca/eng/regulations/SOR-2012-257/index.html Mock Test Questions and Answers 1. What is the primary purpose of the Refugee Appeal Division (RAD) according to its rules? a) To enforce immigration laws b) To review decisions made by the Refugee Protection Division (RPD) c) To process new refugee claims d) To handle all immigration appeals Answer: b) To review decisions made by the Refugee Protection Division (RPD) 2. An RCIC is representing a client whose refugee claim was denied by the RPD. The client wants to appeal to the RAD. What is the first step the RCIC should take according to the RAD rules? 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 1 Answer: The RCIC should file a Notice of Appeal with the RAD within the specified time limit from the date of the RPD decision. 3. According to the RAD rules, what types of evidence can typically be submitted in an appeal? a) Only new evidence that was not reasonably available at the RPD hearing b) Any evidence, regardless of whether it was available at the RPD hearing c) Only documentary evidence d) No new evidence is allowed in the appeal Answer: a) Only new evidence that was not reasonably available at the RPD hearing 4. A client's appeal to the RAD was unsuccessful. The client asks the RCIC what options are available next. What should the RCIC advise based on the RAD rules? Answer: The RCIC should advise the client about the possibility of judicial review by the Federal Court, subject to obtaining leave from the Court. 5. Under the RAD rules, the time limit for filing an appeal is generally: a) 15 days from the RPD decision b) 30 days from the RPD decision c) 60 days from the RPD decision d) 90 days from the RPD decision Answer: b) 30 days from the RPD decision 6. An RCIC realizes that the deadline for filing an appeal to the RAD is approaching and it's not possible to meet it. What can the RCIC do according to the RAD rules? Answer: The RCIC should file a motion to extend the time limit, explaining the reasons for the delay and demonstrating that it is in the interests of justice to grant the extension. 7. The RAD rules state that an appeal can be dismissed without a hearing if: a) The appellant does not attend the hearing b) The RAD considers the appeal to have no reasonable chance of success c) The appeal is based on humanitarian grounds 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 2 d) The appellant is from a designated safe country Answer: b) The RAD considers the appeal to have no reasonable chance of success 8. A client's appeal includes sensitive information about their persecution. How should an RCIC handle this information in the RAD appeal process? Answer: The RCIC should request that the RAD treat the information as confidential and take appropriate measures to protect the client's privacy and safety, as per the RAD rules. 9. According to the RAD rules, who can represent an appellant at the RAD? a) Only lawyers b) Lawyers and RCICs c) Any family member of the appellant d) The appellant themselves only Answer: b) Lawyers and RCICs 10. An RCIC's client received a negative decision from the RAD. The client believes the decision was unfair. What can the RCIC suggest as per the RAD rules? Answer: The RCIC can suggest applying for judicial review by the Federal Court, provided there are grounds to believe that there was a legal error in the RAD's decision. 11. Under the RAD rules, an appeal must be based on: a) New evidence not presented at the RPD b) Disagreement with the RPD's decision c) The desire for a second opinion d) Errors in law or fact in the RPD's decision Answer: d) Errors in law or fact in the RPD's decision 12. A client informs their RCIC that they have new evidence for their RAD appeal but it was available at the time of the RPD hearing. How should the RCIC proceed according to the RAD rules? 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 3 Answer: The RCIC should assess whether the evidence could not have been reasonably obtained for the RPD hearing. If it could have been obtained, it may not be admissible in the RAD appeal. 13. The RAD rules stipulate that the RAD's decision is final and binding unless: a) The appellant disagrees with it b) It is set aside or replaced following a judicial review by the Federal Court c) The Minister appeals the decision d) The appellant files a new refugee claim Answer: b) It is set aside or replaced following a judicial review by the Federal Court 14. An RCIC's client is illiterate and cannot provide a written statement for their RAD appeal. According to the RAD rules, how can the RCIC assist the client? Answer: The RCIC can submit an oral statement on behalf of the client or assist the client in preparing an oral statement, ensuring that all relevant information is conveyed to the RAD. 15. In RAD proceedings, the language of the proceedings: a) Is always in English b) Is chosen by the RAD c) Can be either English or French, depending on the appellant's preference d) Must be in the appellant's native language Answer: c) Can be either English or French, depending on the appellant's preference 16. A client's RAD appeal was dismissed because the RAD deemed it had no reasonable chance of success. The client insists on pursuing the case. What options can the RCIC suggest? Answer: The RCIC can suggest applying for judicial review by the Federal Court if there are grounds to believe that the RAD made a legal error or breached principles of natural justice. 17. According to the RAD rules, the RAD may allow or dismiss an appeal without: a) Notifying the appellant 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 4 b) A hearing c) Reviewing the RPD's decision d) The appellant's consent Answer: b) A hearing 18. An RCIC's client is outside of Canada and cannot attend the RAD hearing. What provisions do the RAD rules have for such situations? Answer: The RCIC can request that the RAD conduct the hearing through teleconference or other means that allow the client to participate from abroad. 19. The RAD rules require that any written submissions to the RAD must be: a) In a specific format prescribed by the RAD b) Submitted in duplicate c) Translated into English or French d) Notarized Answer: a) In a specific format prescribed by the RAD 20. A client wants to withdraw their RAD appeal. According to the RAD rules, what should the RCIC advise? Answer: The RCIC should advise the client that they can withdraw their appeal by notifying the RAD in writing. The RCIC should also discuss any potential consequences of withdrawal with the client. 21. Under the RAD rules, if an appellant does not respond to a notice from the RAD, what is the likely consequence? a) The appeal will be automatically allowed b) The appeal will be held in abeyance c) The appeal will be considered abandoned d) The appeal will be postponed indefinitely Answer: c) The appeal will be considered abandoned 22. An RCIC's client has language barriers and is concerned about understanding the proceedings at the RAD. What accommodations can the RCIC request according to the RAD rules? 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 5 Answer: The RCIC can request interpretation services for the client to ensure they can understand and participate fully in the proceedings. 23. According to the RAD rules, the notice of appeal must include: a) A detailed legal argument b) A list of witnesses c) The reasons for the appeal d) Payment of a filing fee Answer: c) The reasons for the appeal 24. A client's appeal to the RAD is based on a significant error in fact made by the RPD. How should the RCIC present this in the appeal? Answer: The RCIC should clearly outline the factual error in the written submissions to the RAD, providing evidence and arguments as to why the error materially affected the RPD's decision. 25. In RAD proceedings, the standard of review is generally focused on: a) The credibility of the appellant b) Errors in law or fact, or breaches of natural justice c) The appellant's need for protection d) The efficiency of the process Answer: b) Errors in law or fact, or breaches of natural justice 26. An RCIC's client received a positive decision from the RPD, but the Minister has appealed to the RAD. What should the RCIC prepare for in this scenario? Answer: The RCIC should prepare to respond to the Minister's grounds for appeal, ensuring that they provide a robust defense of the RPD's decision and address any legal arguments raised by the Minister. 27. The RAD rules allow for an oral hearing: a) In all cases b) At the discretion of the RAD c) Only if the appellant is a minor d) If the appeal is based on humanitarian and compassionate grounds 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 6 Answer: b) At the discretion of the RAD 28. An RCIC's client has new evidence that was not presented at the RPD hearing due to the client's previous counsel's oversight. How can this evidence be introduced in the RAD appeal? Answer: The RCIC should file a motion to submit the new evidence, explaining that it was not reasonably available at the time of the RPD hearing due to counsel's oversight and demonstrating its relevance to the appeal. 29. The RAD rules require that any decision made by the RAD must be: a) Unanimous among all RAD 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 30. A client is anxious about the outcome of their RAD appeal. 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 RAD generally aims to make decisions in a timely manner. The RCIC should also keep the client updated on any communications from the RAD. 31. When an appellant submits new evidence to the RAD, the RAD rules require that the evidence: a) Must be notarized b) Should be directly related to the grounds of appeal c) Needs to be endorsed by a legal expert d) Has to be submitted in the original language only Answer: b) Should be directly related to the grounds of appeal 32. An RCIC's client is appealing to the RAD and has relevant evidence in a foreign language. What does the RAD require for this evidence according to its rules? 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 7 Answer: The RCIC should ensure that the evidence is accompanied by a certified translation into either English or French, as per the RAD rules. 33. Under the RAD rules, an appellant can request an expedited process if: a) They have been in Canada for less than a year b) There are exceptional circumstances that justify an expedited process c) The appellant is under 18 years of age d) The appeal is based on straightforward legal issues Answer: b) There are exceptional circumstances that justify an expedited process 34. A client's RAD appeal was dismissed due to a missed deadline. The client was hospitalized and couldn't communicate. What can the RCIC do in this situation? Answer: The RCIC can file a motion to reopen the appeal, providing evidence of the client's hospitalization and explaining that the missed deadline was due to circumstances beyond the client's control. 35. The RAD's decision on an appeal is final, except: a) If the appellant disagrees with the decision b) If the decision is appealed to the Supreme Court of Canada c) If there is a successful judicial review by the Federal Court d) If the Minister requests a reconsideration Answer: c) If there is a successful judicial review by the Federal Court 36. An RCIC's client fears persecution upon return to their home country but lacks documentary evidence. How should the RCIC address this in the RAD appeal? Answer: The RCIC should focus on presenting a compelling narrative based on the client's testimony, corroborating evidence from other sources if available, and legal arguments highlighting the risk of persecution. 37. According to the RAD rules, the RAD may refuse to consider new evidence if: a) It is submitted after the deadline without a valid reason b) The evidence is longer than 10 pages c) The evidence comes from a non-governmental source d) The appellant has legal representation 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 8 Answer: a) It is submitted after the deadline without a valid reason 38. The RAD rules state that an oral hearing is not mandatory and can be replaced by: a) A written submission only b) A decision based on the RPD record c) An interview with the appellant d) A teleconference with all parties Answer: a) A written submission only 7. Study Questions - CICC Exam Prep - Refugee Appeal Division Rules 9