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?
A. An act that contravenes a provision of IRPA
B. Non-accompanying family member is inadmissible
C. Misrepresenting relevant material facts Correct
D. Inability to support a person who is dependent on them
Explanation
The reason for the referral to the Immigration Division is misrepresentation, as the client failed to disclose the existence of their child, a non-accompanying family member, which is considered a material fact under the Immigration and Refugee Protection Act (IRPA). This omission could have impacted the original visa application by increasing the number of family members, potentially requiring additional medical exams and other checks for the child. While the client's refusal to sign the declaration or leave Canada is a separate issue, the core issue leading to the referral is the act of misrepresentation, which constitutes a ground for inadmissibility under IRPA.
2. 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?
A. Argue that no weight was given to the testimony.
B. Rely on the evidence refused by RPD.
C. Emphasize the cultural bias of the RPD member.
D. Introduce new corroborative evidence Correct
Explanation
The most effective strategy for an appeal to the Refugee Appeal Division (RAD) is to introduce new corroborative evidence that was not reasonably available at the time of the Refugee Protection Division (RPD) hearing or that the claimant could not reasonably have been expected to present. The initial refusal was based on a lack of credibility due to the client's failure to attend LGBTQ events, a finding often rooted in stereotypical assumptions, which are discouraged in refugee assessments. By providing new evidence, such as letters from a therapist, affidavits from long-term acquaintances, or documents demonstrating the claimant's sexual orientation or fear of persecution, the RCIC can directly address the credibility issue. Simply arguing that the RPD ignored testimony or was culturally biased may not suffice without concrete evidence, and relying on previously refused evidence is unlikely to overturn the decision.
3. 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?
A. Departure order
B. Exclusion order with a 1-year ban
C. Exclusion order with a 5-year ban
D. Deportation order Correct
Explanation
If the Refugee Protection Division (RPD) vacates a person's refugee protection, their refugee claim is deemed to have been rejected from the start, rendering them a foreign national unauthorized to enter Canada. In such cases, the most severe removal order, a deportation order, is issued because the vacation is based on misrepresentation, a serious offense under the Immigration and Refugee Protection Act (IRPA). This order permanently bars the person from returning to Canada unless granted an Authorization to Return to Canada (ARC). Departure orders and exclusion orders, which have specific re-entry timeframes, are less severe and not appropriate for a vacation of refugee status due to misrepresentation.
4. 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?
A. Continue representing the client, ignoring the suggestion.
B. Report the client's intent to the IRB.
C. Show understanding of cultural differences in responding
D. Terminate the service agreement with the client. Correct
Explanation
The RCIC must terminate the service agreement with the client, as suggesting bribery is a serious violation under the Code of Professional Conduct for IRCC members, which strictly prohibits engagement in illegal or unethical activities. Regardless of the client's cultural background, the RCIC's primary obligation is to uphold Canadian law and professional ethics. Ignoring the suggestion or showing cultural understanding risks appearing complicit, while reporting the client to the IRB is not the first step unless a serious crime is imminent. Terminating the agreement immediately protects the RCIC's license and integrity.
5. 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?
A. The bondsperson will lose the money deposited. Correct
B. The bondsperson will have to pay additional money.
C. The bondsperson will be replaced.
D. The bondsperson will be arrested.
Explanation
If a foreign national released on a cash bond fails to comply with the conditions set by the Immigration Division, the bondsperson will forfeit the money deposited, as the cash bond serves as a financial guarantee to ensure the individual's appearance at immigration proceedings and adherence to release conditions. The bondsperson's liability is limited to the deposited amount, so they are not required to pay additional money, nor would they be replaced or arrested, as their responsibility is purely financial.