In the context of refugee law, who has the burden of proof regarding whether a claim is eligible for referral to the Refugee Protection Division of the Immigration and Refugee Board?
IMA105 – Mid-Term Exam – April 2022
1. In the context of refugee law, who has the burden of proof regarding whether a claim is eligible for referral to the Refugee Protection Division of the Immigration and Refugee Board?
a. The CBSA officer at the port of entry
b. The IRCC officer at an inland office
c. The Minister of IRCC
d. The refugee claimant
2. Which of the following statements accurately describes the principle of non-refoulement?
a. This principle grants refugee claimants the right to access the court system and to have legal representation.
b. This principle prevents Canada from returning a refugee to their country of origin if their life is endangered due to a natural disaster or armed conflict.
c. This principle prevents Canada from returning a refugee to the country where they face a risk of persecution.
d. This principle prevents Canada from removing refugee claimants who are guilty of serious non-political crimes until a final determination is made regarding their refugee claims.
3. If a claim is determined to be unfounded, what would that mean for a refugee claimant?
a. If the Refugee Protection Division at the Immigration and Refugee Board of Canada (IRB) decides that a refugee claim is manifestly unfounded, the claimant will not have access to the Immigration Appeal Division.
b. If the Refugee Immigration Division at the Immigration and Refugee Board of Canada (IRB) decides that a refugee claim is manifestly unfounded, the claimant will not have access to the Refugee Appeal Division.
c. If the Refugee Protection Division at the Immigration and Refugee Board of Canada (IRB) decides that a refugee claim is manifestly unfounded, the claimant will not have access to the Refugee Appeal Division.
d. If a claim is unfounded the claimant must leave the country within 8 months
4. With respect to Canada’s Refugee and Humanitarian Resettlement Program which of the following statements is true?
a. The Refugee and Humanitarian Resettlement program is managed by Immigration, Refugees and Citizenship Canada and is available to refugees inside Canada.
b. The processing fee to apply as a refugee of the Convention Refugee Abroad Class is
$150 and it is paid by the referral organization—namely UNHCR.
c. The International Organization for Migration helps “visa ready” refugee applicants adapt to life in Canada though orientation sessions and performs medical examinations.
d. Refugee applicants whose applications in the Refugee and Humanitarian Resettlement program have been refused can appeal the decision to the Refugee Appeal Division.
5. Do most refugee applicants in the Refugee and Humanitarian Resettlement Program provide police certificates from their countries of origin?
a. No, but Canada will conduct its own search to ensure that they are not criminally inadmissible.
b. No, but they must provide police certificates from their countries of temporary asylum.
c. Yes, they must provide police certificates from their country of origin.
d. Yes, and they must also produce police certificates from every host country that granted them temporary asylum.
6. Can a person simply go to a Canadian embassy in another country and claim asylum?
a. No, the person needs to be referred by UNHCR or by a private sponsorship to apply from another country
b. Yes, the embassy is technically considered Canadian territory so people can claim protection there.
c. No, the person needs to prove that he or she is not safe in the country and then claim asylum at the embassy.
d. Yes, the person can make a claim for protection at the embassy and then stay there until the case is heard.
7. In what year Canada signed the United Nations Convention Relating to the Status of Refugees, and its Protocol, agreeing not to return a person to their country of origin if that person had grounds to fear persecution?
a. 1969
b. 1983
c. 1951
d. 1979
8. According to s.25 of IRPA, what criteria is considered in determination of an H & C application?
a. According to s.25 two criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly or indirectly affected. 2. Intention to live in Canada
b. According to s.25 two criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly affected. 2. Public policy considerations
c. According to s.25 three criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly affected. 2. Public policy considerations.
Intent to resettle
d. According to s.25 two criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly affected. 2. Undeserved hardship
9. With respect to the Refugee and Humanitarian Resettlement Program which of the following statements is true:
a. To qualify under the Refugee and Humanitarian Resettlement Program, the refugee applicant must have no reasonable prospect, within a 2-year period, of a durable solution in a country other than Canada.
b. To be eligible for a Group of Five (G5) sponsorship, the sponsors must be based in the community where the refugee is expected to live.
c. The Joint Assistance Sponsorship program offers a sponsorship commitment of up to 48 months for special-need cases.
d. The Government-Assisted Refugee program is funded by the government but receives financial contributions from SAH/CG.
10. Which exception does he qualify for under the safe 3rd country agreement?
a. None
b. Public Interest exception
c. Family member exception
d. PRRA exception
11. With respect to a DFN refugee claimant, which of the following statements is true?
a. A successful DFN claimant must wait 3 years before applying for permanent residence and may sponsor family members only after becoming a permanent resident.
b. A DFN claimant is not eligible to apply for a work permit while awaiting a determination from the Refugee Protection Division.
c. If the Refugee Protection Division rejects a claim made by a DFN, there is no right to appeal the decision to the Refugee Appeal Division or to apply to the Federal Court for a judicial review.
d. If the DFN claimant is over 16, he or she is subject to immediate detention upon arrival.
12. Are private sponsors responsible for financially supporting the refugees they sponsor once they arrive in Canada?
a. No, the refugee must prove to the immigration authorities that they can become economically established in Canada based on their skills and education
b. Yes, the private sponsor must support the refugee financially until the refugee becomes economically established or until they’ve been in Canada for one year
c. Yes, the private sponsor must support the refugee financially until the refugee becomes economically established
d. Yes, the private sponsor must support the refugee financially until they’ve been in Canada for one year
13. Are private sponsors responsible for supporting the refugees they sponsor in any way other than financially once they arrive in Canada?
a. No, they must only prove that they are supporting the refugee financially
b. Yes, they must prove that the refugee has registered for a government supported language program
c. Yes, they must prove that the refugee is employed within 6 months of their arrival
d. Yes, they must prove that they have a plan to help the refugee integrate
14. How can private sponsors prove they can meet the responsibilities of supporting privately sponsored refugees?
a. They must show the IRCC a receipt of a financial transfer to the refugee
b. They must provide a questionnaire filled out by the refugee listing the financial support they would need
c. They must provide a settlement plan that shows how the sponsor will help the refugee integrate into Canadian society
d. They must show proof that the refugee will live in the same address as the sponsors
15. With respect to Canada’s Immigration and Refugee timeline, what is the significance of the year 1985?
a. Singh decision at the Supreme Court of Canada whereby rights under the Charter were extended to asylum seekers; led to the creation of the Immigration and Refugee Board of Canada (IRB)
b. The United Nations awarded Canada the Nansen Medal for its outstanding humanitarian tradition of settling refugees
c. Canada resettled over 3,900 Karen refugees from refugee camps in Thailand.
d. Refugees from more than 140 countries were either resettled or were granted asylum in Canada.
16. What year did Immigration and Refugee Protection Act come into force and set out main principles and features of the refugee protection program?
a. 2002
b. 1990
c. 2005
d. 2015
17. With respect to Canada’s Immigration and Refugee timeline, what is the significance of the year 2004?
a. The Safe Third Country Agreement between Canada and the Mexico is established for responsibility sharing in processing refugee claims from nationals of third countries.
b. The Safe Third Country Agreement between Canada, the United States and Europe is established for responsibility sharing in processing refugee claims from nationals of third countries.
c. The Safe Third Country Agreement between Canada and, the United States and Mexico is established for responsibility sharing in processing refugee claims from nationals of third countries.
d. The Safe Third Country Agreement between Canada and the United States is established for responsibility sharing in processing refugee claims from nationals of third countries.
18. In Canada, the basis in law for determining refugee status is found in the following UN refugee treaties:
a. The 1951 Geneva convention relating to the status of refugees & The 1967 Protocol relating to the status of refugees
b. The 1950 Geneva convention relating to the status of refugees & The 1965 Protocol relating to the status of refugees
c. 1987 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
d. 1956 International Covenant on Civil and Political Rights
19. What is a convention?
a. An agreement that obliges countries under international law to conform to its provisions
b. A contract that brings countries under one roof to deal with different issues
c. A gathering of people to deal with and agree upon challenging issues
d. A commitment to the international laws and principles
20. What is the top refugee hosting country?
a. U.S.
b. Canada
c. Germany
d. Turkey
21. When was the office of the United Nations High Commissioner created and what purpose did it serve? Please choose the correct answer:
a. The office of the United Nations High Commissioner for Refugees (UNHCR) was created in 1955, during the aftermath of the Second World War, to help millions of Europeans who had fled or lost their homes. UNHCR had two years to complete their work and then disband.
b. The office of the United Nations High Commissioner for Refugees (UNHCR) was created in 1950, during the aftermath of the First World War, to help millions of Asians who had fled or lost their homes. UNHCR had four years to complete their work and then disband.
c. The office of the United Nations High Commissioner for Refugees (UNHCR) was created in 1950, during the aftermath of the Second World War, to help millions of Europeans who had fled or lost their homes. UNHCR had three years to complete their work and then disband.
d. The office of the United Nations High Commissioner for Refugees (UNHCR) was created in 1951, during the aftermath of the Second World War, to help millions of Europeans and Asians who had fled or lost their homes. UNHCR had five years to complete their work and then disband.
22. Humanitarian and Compassionate Considerations Class is meant for what kinds of cases?
a. Family class permanent residence applications
b. Exceptional cases with compelling arguments for permanent residence
c. Temporary residence for Refugee and family class cases
d. Refused refugee cases
23. Humanitarian and Compassionate Considerations Class provides the minister with the discretion to grant permanent residence to applicants who would otherwise not be able to:
a. file for an appeal
b. file for a judicial review
c. apply for PRRA
d. meet statutory and regulatory criteria
24. With respect to H&C applications, which of the following statement is true?
a. H&C applications are one of the most objective processes in immigration matters. Decision making is based solely on documentation submitted by the applicant, and the decision maker had broad discretion when considering the reasons for and circumstances of the application
b. H&C applications are one of the most subjective processes in immigration matters. Decision making is based solely on documentation submitted by the refugees, and the decision maker had broad discretion when considering the reasons for and circumstances of the application
c. H&C applications are one of the most subjective processes in immigration matters. Decision making is based solely on documentation submitted by the applicant, and the decision maker has broad discretion when considering the reasons for and circumstances of the application
d. H&C applications are one of the most subjective processes in immigration matters. Decision making is based solely on documentation submitted by the applicant, and the decision maker has slim discretion when considering the reasons for and circumstances of the application
25. According to s.25 of IRPA, what criteria is considered in determination of an H & C application?
a. According to s.25 two criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly or indirectly affected. 2. Intention to live in Canada
b. According to s.25 two criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly affected. 2. Public policy considerations
c. According to s.25 three criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly affected. 2. Public policy considerations.
Intent to resettle
d. According to s.25 two criteria requires consideration in the determination of an H & C application: 1. Best interest of a child directly affected. 2. Undeserved hardship
26. What is a private sponsorship of a refugee program?
a. A three-way commitment between IRCC, CBSA and the sponsor(s)
b. A three-way commitment between UNHCR, IRCC and CBSA
c. A three-way commitment between UNHCR, the Canadian government, and the sponsor(s)
d. A three-way commitment between the Canadian government, the sponsor(s), and the refugee
27. What section of the IRPA provides the objectives of Canada’s refugee system? 2 marks
Answer:
28. List the three main departments involved in the in-Canada refugee determination process: 3 marks
Answer:
29. What rights are generally extended to refugee claimants who are awaiting a determination from the Immigration and Refugee Board regarding their refugee claims? 3 marks
Answer:
30. What are the main differences in eligibility criteria between an immigrant and a refugee? 5 marks
Answer:
31. Who can sponsor a refugee? 3 marks
Answer:
32. Most refugee claimants in Canada have 4 separate processes to convince decision-makers that they should not be returned to their country of origin. Name these mechanisms. 4 marks Answer:
33. Consider a refugee claimant had accessed all of the processes as mentioned in question 32 of the above and was not successful in each of the attempts, what will be the option left for the refugee claimant in the hope to be able to remain in Canada? 4 marks
Answer:
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