#5 H and C, Appeals and Detentions

Question 1

Removal Order Appeals are often made by

(1) PR
(2) FN with a PR visa

and (3) … persons

Answer 1

Protected

Question 2

As a form of early resolution, alternative Dispute Resolution (ADR) is done as a

Answer 2

(informal) conference

Question 3

The (IAD) Minister has the right to appeal *any* admissibility decision made by the Immigration Division (ID). That’s why *Minister’s Appeals* have been criticised as …

Answer 3

unfair

Question 4

*H and C* relief is granted on a … basis and it is reserved for *exceptional* cases

Answer 4

discretionary

Question 5

Removal order can be issued for failure to meet residency at
1.
2.
3.

Answer 5

1. Inland
2. Canadian POE
3. Overseas (i.e. visa office)

Question 6

The person subject to the hearing is *compellable* witness >> they __ __ __ __

Answer 6

must answer the question(s)

Question 7

The IAD can (1) allow, (2) …or (3) stay an appeal

Answer 7

dismiss

Question 8

Notice __ __ >> Notice to Appear

Answer 8

Notice of Appeal

Question 9

*Designated FN* features … arrival under A20.1(1)

Answer 9

irregular

Question 10

When determining if *H and C* grounds justify >> The IRCC officer must *NOT* rely on … evidence

Answer 10

extrinsic

Question 11

… can*not* be appealed to the IAD

Answer 11

Detention reviews

Question 12

The IAD’s decision is … on

(i) immigration officers in Canada
(ii) immigration officers abroad
(ii) the Immigration Division (ID)

Answer 12

binding (有約束力的)

Question 13

Case of *Removal Order Appeal*

If the appellant demonstrates compliance (服從) with the prescribed conditions throughout the stay period

>> the IAD is likely to … the appeal

Answer 13

allow

Question 14

Border guards work for …

Answer 14

CBSA

Question 15

Notice of Appeal >> Notice __ __

Answer 15

Notice to Appear

Question 16

Failing to meet residency obligations >> PR has a right to appeal to …

Answer 16

IAD

Question 17

Counsel may seek permission to withdraw

(a) from the IAD in writing at least 3 working days before the hearing

OR

(b) … at the hearing

Answer 17

orally

Question 18

(IRCC / CBSA) is in charge of >> administration of IRPA

Answer 18

IRCC / Immigration, Refugees and Citizenship Canada

Question 19

A person subject to an admissibility hearing has a right to retain …

Answer 19

counsel (專業諮詢)

Question 20

(Inland / Overseas) *H and C* applications must be considered by the Minister >> more likely to have a favourable outcome

Answer 20

Inland

Question 21

Overseas Sponsorship Appeals are made by … or …

Answer 21

(Canadian) Citizens or PR

Question 22

One of the IAD’s jurisdiciton is to hear and decide … sponsorship appeal

Answer 22

overseas

Question 23

… Class applies to persons with status in Canada on a temporary resident permit (TRP)

Answer 23

Permit Holder

Question 24

The IAD has the power to … or … the appeal

Answer 24

allow; dismiss

Question 25

The IAD has the right to refuse \*appellant's withdrawal of appeal\* where it considers the request to be an ... of process

Answer 25

abuse

Question 26

Minister's Appeals are made by ...

Answer 26

(the) IAD / Immigration Appeal Division

Question 27

The default \*standard of proof\* is ...

Answer 27

balance of probabilities

Question 28

(IAD / FC) can \*NOT\* accept new evidence

Answer 28

FC / Federal Court

Question 29

\*H and C\* grounds do NOT extend to (1) ... and (2)

Answer 29

EE; PNP

Question 30

Procedural Fairness is protected by the (1) Common law and (2) ...

Answer 30

Charter (of Rights and Freedoms)

Question 31

Under A173(c), almost any document can be cited as evidence at ID \>\> e.g. ... i.e. rumours

Answer 31

hearsay

Question 32

Per A65, a decision-maker at the IAD must first establish that the applicant is in fact a member of the family class (under R...) ... it can consider H&C grounds

Answer 32

R117(1); before

Question 33

PR without a (i) valid PR card or (ii) ... \>\> will NOT be able to board a plane

Answer 33

PRTD / PR travel document

Question 34

Inland H&C "submission" is termed ...

Answer 34

H&C application

Question 35

Counsel must NOT withdraw at the 11th hour and cause ... to their clients

Answer 35

prejudice

Question 36

Applications made on \*H and C\* grounds in Canada do NOT ... or ... enforcement of any removal order

Answer 36

stay; defer

Question 37

Overseas H&C "submission" is termed ...

Answer 37

H&C exemption request

Question 38

CBSA would detain a FN \*without warrant\* if they have reasonable grounds to believe the person concerned is unlikely to appear for (iii) examination at an admissibility hearing (iv) ... from Canada

Answer 38

removal

Question 39

... persons are someone who can vouch (保證) for the person in jail

Answer 39

Bond

Question 40

A \*purpose\* of \*H and C\* grounds is to ... the rigidity of the law

Answer 40

mitigate

Question 41

The \*appellant\* has to file a ... to the ID member in 30 days (for most cases)

Answer 41

Notice of Appeal

Question 42

Appeals are only re-opened when the IAD failed to observe ...

Answer 42

(a principle of) natural justice / procedural fairness

Question 43

Allegations referred from the Minister's Delegate (CBSA) \>\> ... \>\> removal order

Answer 43

ID / Immigration Division

Question 44

Alternative Dispute Resolution (ADR) is an optional ... process

Answer 44

appeal

Question 45

Cases that concern \*refugee claimants\* are held in ...

Answer 45

private

Question 46

IAD's jurisdiction to consider 4 types of appeals

Answer 46

1. Removal Order Appeals 2. Minister's Appeals 3. Residency Obligation Appeals 4. Overseas Sponsorship Appeals

Question 47

Hearings before the IAD are (a) ... in nature (b) de novo, i.e. looking for new evidence

Answer 47

adversarial

Question 48

... is in charge of \>\> enforcement (執行) of the IRPA/R

Answer 48

CBSA

Question 49

A hearing before the ID is adversarial \>\> The Minister's representative VS Person __ \_\_ __ \_\_ / his counsel

Answer 49

subject to the hearing

Question 50

Case of \*Removal Order Appeal\* If the appellant is convicted of another serious criminal offence referred to in A36(1) while on a stay \>\> the stay is cancelled by operation of law and \>\> the appeal is ... under A68(4)

Answer 50

terminated

Question 51

If the appeal is dismissed \>\> Application for leave and __ \_\_ to the FC can be filed within 15 days

Answer 51

judicial review

Question 52

An admissibility hearing begins with the \*exclusion of any potential witnesses\* from the hearing room \>\> called "prevention of ..."

Answer 52

collusion

Question 53

CBSA would detain a FN \*without warrant\* if they have reasonable grounds to believe the person concerned (i) is inadmissible to Canada, or (ii) is a danger to the ...

Answer 53

public

Question 54

(Inland / Overseas) \*H and C\* applications must be examined by the Minister under A25(1)

Answer 54

Inland

Question 55

A ... is something that is \*un\*enforceable

Answer 55

stay (of removal)

Question 56

The only persons with a right of \*Removal Order\* Appeal (before the IAD) are \_\_ who received a sentence \*in Canada\* of __ \_\_ __ \_\_ \_\_

Answer 56

PR; less than 6 months imprisonment

Question 57

... groups\* include: (1) Elderly persons (2) Pregnant women (3) Persons who are ill (4) Persons with disabilities

Answer 57

Vulnerable

Question 58

Relevant "H and C" factor(s) considered by the IAD are termed ...

Answer 58

Ribic and Chieu factor(s)

Question 59

Appeals should be supported by (1) documentary evidence\* (2) witnesses and __ \_\_ __ \_\_ __ \_\_

Answer 59

the reason they are being called

Question 60

Each Detention Review is a ... hearing

Answer 60

de novo

Question 61

Residency Obligation Appeals are made by ...

Answer 61

PR(s)

Question 62

Immigration Division (ID) is a quasi-judicial ...

Answer 62

tribunal

Question 63

CBSA officers carry out most arrests and supervise detentions at (a) POE, and (b) ...

Answer 63

in Canada

Question 64

... need to establish that the decision being appealed should be (a) overturned, or (b) stayed (if it is a removal order)

Answer 64

Appellants

Question 65

Whenever possible, the IAD may contact counsel to facilitate __ \_\_ of a case in order to manage the growing appeal inventory

Answer 65

early resolution

Question 66

... sets out removal orders \*against FN\*

Answer 66

R228(1)

Question 67

... has exclusive power to decide \*all\* inadmissibility cases against PR \>\> \*apart from\* those related to residency obligations)

Answer 67

ID / Immigration Division

Question 68

A hearing before the ID is ... \>\> The Minister's representative VS Person subject to the hearing / his counsel

Answer 68

adversarial (對抗的)

Question 69

... sets out removal orders \*against PR\*

Answer 69

R229(1)

Question 70

A detainee has a right to have their __ \_\_ at regular legislated periods

Answer 70

detention review

Question 71

Under Article 8.4 of ICCRC Code of Professional Ethics \>\> RCIC should not ... the fact of having been consulted or retained

Answer 71

disclose

Question 72

Format of Detention review \>\> ... hearing conducted by a Immigration Division (ID) member

Answer 72

Oral

Question 73

A Minister's Delegate (CBSA) may write a ... report and refer the case to the ID that will determine admissibility

Answer 73

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