A client's refugee claim based on sexual orientation was refused due to lack of credibility after they admitted to not attending LGBTQ events in Canada. What should be the RCIC's main strategy for appeal?

Introduce new corroborative evidence

Argue that no weight was given to the testimony.

Rely on the evidence refused by RPD.

Emphasize the cultural bias of the RPD member.

Introduce new corroborative evidence

A PR client was scheduled to attend an RPD hearing regarding the vacation of their refugee protection. The client asks their RCIC what removal order would be issued if the application to vacate is allowed. What should the RCIC advise?

Exclusion order with a 1-year ban

Exclusion order with a 5-year ban

A client suggests that the RCIC should offer a bribe to the Member to get their spousal sponsorship appeal approved. The RCIC knows that bribery of government officials is common in the client's culture. What should the RCIC do?

Terminate the service agreement with the client.

Continue representing the client, ignoring the suggestion.

Report the client's intent to the IRB.

Show understanding of cultural differences in responding

Terminate the service agreement with the client.

A bondsperson posts a cash bond for an FN's release. The FN asks an RCIC what would happen if they do not comply with the conditions. What should the RCIC advise?

The bondsperson will lose the money deposited.

The bondsperson will have to pay additional money.

The bondsperson will be replaced.

The bondsperson will be arrested.

Accredited Immigration Representative

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Question 1

A PR visa holder at PoE informed an officer that they recently had a child whom they had not previously disclosed. They refused the options to either leave Canada or confirm their PR after signing a declaration acknowledging that they would never be able to sponsor the child. The matter was referred to the ID. The client wants to know the reason for the referral. What should the RCIC advise?

Your Answer: Option(s)

Correct Answer: Option(s) C

Rationale

Misrepresenting relevant material facts.

The PR visa holder failed to disclose the existence of their child, which constitutes a misrepresentation of relevant material facts during the immigration process. This omission can significantly impact their immigration status and eligibility to sponsor family members, leading to the referral to the Immigration Division (ID).

A) An act that contravenes a provision of IRPA
While the PR visa holder's failure to disclose their child may involve a violation of the Immigration and Refugee Protection Act (IRPA), the specific reason for the referral pertains more directly to misrepresentation. Not all contraventions of IRPA result in a referral to the ID; thus, this choice lacks the precise focus on the act of misrepresentation itself.

B) Non-accompanying family member is inadmissible
This choice suggests that the child is inadmissible as a non-accompanying family member, but the primary issue here is the failure to disclose the child's existence. Inadmissibility is not the main reason for the referral; instead, it's the lack of transparency regarding the child's status that is critical.

C) Misrepresenting relevant material facts
This option accurately identifies the core issue—the PR visa holder's failure to disclose their child amounts to a misrepresentation. This act violates the principles governing immigration applications and can lead to serious consequences, including the referral to the ID for further examination of the case.

D) Inability to support a person who is dependent on them
While the inability to support a dependent child may arise as a concern, it is secondary to the act of misrepresentation itself. The referral is based on the failure to disclose, not solely on financial capability. Thus, it does not encapsulate the primary reason for the ID's involvement.

Conclusion
The referral to the Immigration Division stems from the PR visa holder's misrepresentation of their child's existence, which is a significant violation of immigration regulations. Disclosing all relevant information is crucial in immigration processes, and failure to do so can lead to serious repercussions. Understanding this fact helps clarify the rationale behind the ID's involvement and emphasizes the importance of transparent communication during immigration procedures.

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Misrepresenting relevant material facts.

Introduce new corroborative evidence.

A deportation order would be issued if the application to vacate is allowed.

Terminate the service agreement with the client.

The bondsperson will lose the money deposited.

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Misrepresenting relevant material facts.

Introduce new corroborative evidence.

A deportation order would be issued if the application to vacate is allowed.

Terminate the service agreement with the client.

The bondsperson will lose the money deposited.

Free Preview Ended

Unlock Full Access

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