Analysis and review of procedures by the Immigration Services Agency

Task

The purpose of this task is to identify, analyze and discuss issues of the Immigration and Refugee Board (IRB) process and to learn about the IRB hearing process. Unfortunately, due to the ongoing COVID-19 pandemic and current restrictions on public access to IRB hearings, I will not be able to attend the IRB hearings in person. .

So we have an alternative version of the hearing visit task. You will need to make one of three decisions and create a report that addresses the issues and questions raised in the evaluation matrix.

Iggywe v Canada (Nationality and Immigration), 2017 CanLII 83530 (CA IRB)
Chen v. Canada (Public Safety and Emergency Preparedness), 2018 CanLII 46036
Maturin v. Canada (Public Safety and Emergency Preparedness), 2019 CanLII 129174 (CA IRB)
Hearing Description. – 6 points

Do students have:

o Do you specify the nature of the case (e.g. asylum hearing, detention review, appeals hearing)? o State why the hearing will take place in this particular Institutional Review Board Division.
o Have you identified the applicable sections of the law and/or regulation?
o Identify the various parties involved?
o Provide a quick summary of the facts that cannot be copied/pasted from the decision?
Content analysis: – 12 points

Do students have:

o Identify the main problem? Note: Each hearing includes one or more issues on which the parties dispute. These questions tend to be central to the hearing and may determine the outcome of the hearing.

o Identify which party has the burden of proof?
o Identify each party’s ‘theory of the case’? Note: See your assigned reading for more information on ‘case theory’. o Indicate any evidence that the parties have presented to the court.
o Explain the strategic or legal reasons for providing evidence.
o Are procedural impartiality issues raised by both parties identified and discussed?
Analysis of reasons and decisions – 12 points. This section reviews the student’s analysis of the hearing as a whole and the student’s opinion on the decision. Do students have:

o Explain the member’s decision and reasons.
o Analyze member decisions and answer all of the following questions:

How were the main issues dealt with in the decision?
What issues did members focus on?
Do you agree with what the committee member said? Please explain why. If you were the lead party attorney at the hearing, do you think you would have acted differently? Why? The report should be no more than 1,500 words, double-spaced, and use Times New Roman, size 12 font. Margins should be constant (1 inch x 1 inch x 1 inch x 1 inch). Each section of the work should be identified by a heading. Case citations should follow the standards of the McGill Guide. You should edit your report carefully to fix formatting, grammar, and spelling errors.

Failure to follow these guidelines will result in deduction of points.

We recommend that you classify the sections of your work according to the weightings specified in the grading matrix. Aim to use 20% of the report for hearing description, 50% for content analysis, and 30% for decision and rationale analysis.

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