Summary
IRB
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Charter of Rights
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Rights and Freedoms - demonstrating justifyable in a democracy
Fundamental Freedoms - consience/religion; thought/belief/opinion/expression/media/association/media
Democratic Right - to vote, House of Commons 5 years max, Parliment sittings 1/year min.
Mobility: Citizen: Enter, remain, leave. PR: any province to live or make a living. BUT subject to laws of province.
Legal: Everyone. (except fundamental justice) Life, Liberty, Security
includes: No unreasonable seize or search; be informed why arrested, what charge, legal rep - all reasonable time; presumed innocent; bail reasonable (excl military if max sentence more than 5 years) Once tried cannot again; Not be subject to cruel, underserved treatment; Witness not be incriminated unless false; Translator.
Equality: No discrimination: Race/ Ethnic/ Colour/ Religion/ Sex/ Age/ Disabilty - mental or physical.
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ID Immigration Division
Notify of legal retention - Council Contact Information
Cannot withdraw unless weird circumstances
Must be granted before withdrawal approval
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Detention - Order or Release
Criminality
Misrepresentation
Breaches of IRPA
Inadmissability
Issue Removal of PR or TR
NO H&C FACTORS
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Intro of each party
Checks disclosure and confirms was recceived by all
Confirm if H&C factors are being included for reason of entering into the record
Date and full name of applicant
Check if need of translator
Confirm understanding
Intro of coucil and Minister Council
Public Hearing
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Decision: Member may
uphold exclusion order or cancel.
Issue a stay with conditions
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Council may:
Within 30 days appeal to IAD - exclusion order is stayed
On decision of IAD - enforced or cancelled.
IAD Immigration Appeal Division
Appeals
Sponsorhship
Removals
Revoke of PR
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Errors in law made by 1st level officer
H&C factors
RPD Refugee Protection Division
Refugee claims
Border crossing/ Airport/ Visa Office
Well founded fear IRPA s96
Danger of torture IRPA s97
If established = Protected person
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1. Approach officer
2. Prepare BOC
3. Attend Hearing * Not all are eligible but refer Singh v Canada
4. Border request subject to 3rd Safe Country
RAD Refugee Appeal Division
Mistakes by RPD
Law
or
Fact
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De Nova hearing and can include new evidence that was not available at time of RPD
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Need permission to file for RAD based on
where you made the claim
country of origin
