Flashcards
Module 5
Flashcards do conjunto (12)
- 1Who has the right to appeal?1. Sponsorship appeal decision to refuse pr visa
2. FN with a PR visa can appeal a finding of inadmissibility
3. PR can appeal a finding on the residency obligation made outside Canada
4. PR or protected person may appeal a removal order
5. Minister may appeal against a decision made by the ID in an admissibility hearing. - 2What are the grounds of detention?1.Unlikely to appear for examination, admis hearing or proceeding that could lead to removal.
2. Danger to the public.
3. Identity not established
4. reasonable suspicion of inadmissibility on security, VHIR, crim, serious crim, org crim. - 3When can a DFN make a H&C application?5 yrs after claim or appn determination or 5 yrs after they become a DFN
- 4When can the Minister refuse a H&C appn by DFN?1.if DFN fails to comply with conditions.
2. <12months have passed since the 5 years post claim or appn. - 5What grounds of inadmissibility cannot be overcome by H&C appn? And what is the exceptionSecurity, Organized Crim, VHIR. Exception is wen overcome by public policy considerations.
- 6What are the 3 hardships for H&C?1. Unusual
2. Undeserved
3.Disproportionate - 7What are 9 H&C Factors that will be considered?BATFISHFE
BIOC, any factor not in A96/97,ties to Can, Family violence, health, factors in country of origin (health,discrim, harass), inability to leave Can leading to establishment, establishment in Can, Consequences of separating family - 8Minister may not consider if...? And the exception.1. another appn pending
2. FN has made refugee claim
3. <12 months have passed since refugee claim rejected, withdrawn, or abandoned.
Exception: if FN would be subject to risk of life due to inabilitiy of CoO to provide health care. Or adverse effects on a child involved. - 9H&C Applications may not consider...?Risks in country of origin, only hardships.
- 10When can the Minister waive fees in H&C applications?When the Minister is reviewing an application on it's own initiative and not when requested to by a FN.
- 11What can the Minister grant on an H&C application?PR status or exemption from any applicable criteria or obligation under the Act if justified by H&C or public policy considerations.
- 12What decisions will the ID make?1. recognize right of entry as Citizen, PR, Indian
2. Grant PR or TRS status
3. Authorize PR or FN to enter for further examination.
4. Make removal order against PR or FN