Refugee asylum and citizenship application
True or False
The Immigration Division is part of the Immigration and Refugee Board and is completely separate from CIC, PSEPC, and their respective ministers. True
CBSA is responsible for adjudicating removal orders. True
The Immigration Appeal Division hears appeals of eligible removal orders issued by CBSA officers or members of the Refugee Appeal Division. False
Generally, if the Immigration Appeal Division dismisses an appeal, the person may ask the Federal Court for permission to apply for judicial review.True
Igor is a Canadian permanent resident who has been residing in Ethiopia for the past 4 years. Upon arrival in Canada, the CBSA officer informed him that he has not complied with the residency obligations under the IRPA. Igor must file a “Residency Compliance Appeal” to the Immigration Appeal Division to dispute the officer’s determination. True
Multiple Choice
1. Which of the following statements is false?
a. The Refugee Protection Division adjudicates refugee claims and citizenship applications
b. The Immigration Division issues removal orders
c. The Refugee Appeal Division adjudicates appeals of refused refugee claimants
d. The Immigration Appeal Division adjudicates appeals of permanent residents who have lost their status
2. Carmen Salinas applied for permanent residence. The Canadian Embassy in Mexico City has approved her application and she has been issued a permanent resident visa. Which of the following statements is true?
a. Carmen has the absolute right to enter Canada because the visa office in Mexico City approved her application
b. Carmen will be allowed to enter the country provided that she shows her permanent resident visa to the CBSA officer and pays the required landing fee
c. Carmen has the right to enter Canada because she was granted a permanent resident visa that confirms her status as a permanent resident
d. The CBSA officer at the port of entry has the authority to render the final decision on whether to admit Carmen into the country as a permanent resident, following an examination. Accordingly, the officer may allow or refuse Carmen’s admission to Canada
3. Adriano Ferreyra is a permanent resident of Canada. He has been living in Buenos Aires for two years. In Buenos Aires he was charged and convicted of driving while impaired and spent 8 months in prison.
Adriano is concerned about what to tell the examining officer when he returns to Canada. What is Adriano’s obligation?
a. Adriano should co-operate with the CBSA officer, but he should be careful not to disclose any information regarding his conviction
b. Adriano has the right to have his counsel present before answering any questions
c. Adriano should co-operate and answer truthfully all questions asked by the CBSA officer
d. Adriano should immediately make a refugee claim
4. Which of the following statements is correct:
a. Members of the IRB who are appointed by the governor in council may hold office for a term of up to seven years and may seek reappointment
b. Decision-makers of both the Immigration Division and the Refugee Protection Division are appointed by the governor in council
c. Members of the IRB who are appointed by the governor in council may hold office indefinitely because they have no time limit to their terms
d. The Selection Advisory Board is responsible for the selection of public servants seeking to become members of the IRB
5. Decisions of which of the following bodies are binding on the Immigration Appeal Division?
The Refugee Protection Division
The Immigration Division
The Refugee Appeal Division
The Federal Court
6. Adelina is an Italian citizen. She applied for permanent residence and has just received a refusal letter from the visa office in Rome. She feels strongly that the officer made an error in law and she would like to dispute the decision. What can Adelina do?
a. Appeal the decision to the Immigration Division
b. Appeal the decision to the Immigration Appeal Division
c. File an application for leave to the Federal Court
d. File an application for leave to the Federal Court of Appeal
Short Answer
1. Why is it important for immigration professionals to review CIC operational bulletins on a regular basis?
2. Name the court decision that allows individuals subject to security certificates to be adequately represented during closed proceedings by a special advocate?
3. What is the difference between a “visa officer” and a “panel physician”? Describe their respective responsibilities.
4. Border Services Officers and CIC Enforcement Officers are designated peace officers. What inherent powers do they have? Give three examples.
5. Members of the IRB have the authority to act as commissioners. Describe the duties and responsibilities of a commissioner by giving three examples.
6. Esther has been informed that her son Gerardo is on immigration hold. Please explain to Esther the circumstances under which an officer would consider detaining Gerardo.
What are the duties of the Immigration and Refugee Board’s Chairperson?
Tzahi, a Canadian permanent resident, has been convicted of an indictable offence that carries with it a 5-year maximum penalty. The Immigration Division issued a removal order against him because of his criminal inadmissibility.
Tzahi would like to appeal the decision. He thinks that he has a strong case based on the fact that this is a first-time offence and that he would be separated from his family in Canada if forced to return to his home country.
Answer the following questions pertaining to Tzahi’s case:
a. What is the name of the proceeding that took place at the Immigration Division where a member issued a removal order against Tzahi?
b. Where would you advise Tzahi to file the Notice of Appeal?
c. What’s the name of the appeal that he will be filing?
Under which circumstances may a refugee claimant appeal a negative decision rendered by the Refugee Protection Division? Which division is responsible to hear the appeal?
