RCICs are not authorized to represent clients before the courts, according to subsection 91(10) of the Immigration and Refugee Protection Act (IRPA). However, we do contribute to judicial review. How?
The document discusses a response filed by the Killeen Independent School District to a petitioner's motion to quash a subpoena duces tecum and deposition on written questions for three individuals. The response argues that the petitioner's arguments for quashing the subpoena fail as a matter of law and that the motion to quash should be denied. It discusses the relevance of the information sought in the subpoena and deposition to the subject matter of the case and that the information is reasonably calculated to lead to admissible evidence. The response also argues that the petitioner misquoted rules of evidence in their motion.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
This document discusses guidelines for granting bail in criminal cases in India. It begins by providing context on the large number of undertrials in Indian jails. It then discusses categorizing offenses to provide guidelines for bail. It defines key terms like "trial", "bail", and emphasizes that bail is the rule and jail is the exception based on principles of personal liberty in the Indian Constitution. It provides guidance for courts to take a broader view of "trial" and liberally grant bail at later stages of investigation and trial in suitable cases. The document aims to ease the bail process while keeping judicial discretion.
This document discusses a text message exchange between the respondent and petitioner regarding picking up their children from an undisclosed event. It also references exhibits of email exchanges between the respondent's attorney and petitioner's attorney regarding requests for respondent's employee plan information and other disclosures. The document indicates the respondent is combative and unreasonable in communications with the petitioner.
CASE ANALYSIS 1
1. Chris Rock v. Larry the Cable Guy
The main issue in this case is whether Larry the Cable Guy should be granted the appeal on the default ruling considering his argument that he was not properly notified.
This is a motion to vacate default judgement. Rule 60(b) (1) provides grounds for relief from a final judgement stating that a judge might relieve a party from a final judgement order based on “… mistake, inadvertence, surprise or excusable neglect.”
Where default judgement is made against a defendant, there are provisions within the law that allow them to seek to vacate or set aside the decision. Rule 60 provides grounds for Relief from a judgement or order. The grounds that the petitioner makes his case are that there was a contravention of Rule 4 as it provides for in the procedure for summons notification in order to reverse the default judgement against him that was based on Rule 55 (a) as (c) states that “…(c) The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).”
A similar ruling was made in the case of Kirtland v. Fort Morgan Auth. Sewer Serv., Inc. The court threw out the motion to set aside the request the default judgment based on Rule 55(c) which gave it the discretion to “set aside an entry of default at any time before judgment”. As such, all other provisions withstanding, it was still the court’s discretion to allow or disallow the application as guided by the premise of the law.
As Larry had constantly received but ignored notifications of the summons, and he was well aware that in breaching the contract he stood culpable and therefore liable for legal action, his appeal should be declined and the default judgement declined. In arriving at this decision, it is important to consider that all summonses had been done in line with Rule 4 and Larry knew about them and chose to avoid them. This disqualifies him from being able to use the Rule 60 (b) (1) provision as he had no excusable neglect and there were no clerical errors. A consideration of Rule 59 (e) which provides that "A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment" should also be made.
The default judgment should be affirmed and the appeal thrown out.
2. W.R. Reeves v. Central of Georgia Railway Company
The main issue in this case is whether admission of testimony by Reeves by the judge in light of the provisions of the Federal Employers Liability Act contributes to a reversible error.
This is a liability for negligence case whose main focus is on the possibility of legal error. The Federal Employers Liability Act provides substantial grounds for a railroader worker to be compensated should there be injuries while on the job. The Central of Georgia Railway Company had a vicarious liability to compensate Reeves.
The Federal Employers Liability Act was mainly designed to offer compensation for some of ...
This document discusses standards of proof for corruption allegations in international arbitration cases. It summarizes positions from several international arbitration cases that found corruption must be proven by clear and convincing evidence or reasonable certainty given its serious nature. However, circumstantial evidence and inferences can be considered. If corruption is proven, tribunals may find they lack jurisdiction or claims are inadmissible due to illegality of the investment. In limited cases where states condoned corruption, tribunals may still consider other arguments to balance holding states accountable.
This document contains a motion to dismiss a court case for lack of evidence and due process violations. It argues that the judgment should be voided for several reasons, including that no first-hand witnesses testified under oath to provide evidence, hearsay was relied upon, the plaintiff's attorney lacked capacity to testify, substantive due process was denied without a material fact witness, and no valid contract was presented. The motion seeks to dismiss the case based on these deficiencies.
The document discusses a response filed by the Killeen Independent School District to a petitioner's motion to quash a subpoena duces tecum and deposition on written questions for three individuals. The response argues that the petitioner's arguments for quashing the subpoena fail as a matter of law and that the motion to quash should be denied. It discusses the relevance of the information sought in the subpoena and deposition to the subject matter of the case and that the information is reasonably calculated to lead to admissible evidence. The response also argues that the petitioner misquoted rules of evidence in their motion.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
This document discusses guidelines for granting bail in criminal cases in India. It begins by providing context on the large number of undertrials in Indian jails. It then discusses categorizing offenses to provide guidelines for bail. It defines key terms like "trial", "bail", and emphasizes that bail is the rule and jail is the exception based on principles of personal liberty in the Indian Constitution. It provides guidance for courts to take a broader view of "trial" and liberally grant bail at later stages of investigation and trial in suitable cases. The document aims to ease the bail process while keeping judicial discretion.
This document discusses a text message exchange between the respondent and petitioner regarding picking up their children from an undisclosed event. It also references exhibits of email exchanges between the respondent's attorney and petitioner's attorney regarding requests for respondent's employee plan information and other disclosures. The document indicates the respondent is combative and unreasonable in communications with the petitioner.
CASE ANALYSIS 1
1. Chris Rock v. Larry the Cable Guy
The main issue in this case is whether Larry the Cable Guy should be granted the appeal on the default ruling considering his argument that he was not properly notified.
This is a motion to vacate default judgement. Rule 60(b) (1) provides grounds for relief from a final judgement stating that a judge might relieve a party from a final judgement order based on “… mistake, inadvertence, surprise or excusable neglect.”
Where default judgement is made against a defendant, there are provisions within the law that allow them to seek to vacate or set aside the decision. Rule 60 provides grounds for Relief from a judgement or order. The grounds that the petitioner makes his case are that there was a contravention of Rule 4 as it provides for in the procedure for summons notification in order to reverse the default judgement against him that was based on Rule 55 (a) as (c) states that “…(c) The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).”
A similar ruling was made in the case of Kirtland v. Fort Morgan Auth. Sewer Serv., Inc. The court threw out the motion to set aside the request the default judgment based on Rule 55(c) which gave it the discretion to “set aside an entry of default at any time before judgment”. As such, all other provisions withstanding, it was still the court’s discretion to allow or disallow the application as guided by the premise of the law.
As Larry had constantly received but ignored notifications of the summons, and he was well aware that in breaching the contract he stood culpable and therefore liable for legal action, his appeal should be declined and the default judgement declined. In arriving at this decision, it is important to consider that all summonses had been done in line with Rule 4 and Larry knew about them and chose to avoid them. This disqualifies him from being able to use the Rule 60 (b) (1) provision as he had no excusable neglect and there were no clerical errors. A consideration of Rule 59 (e) which provides that "A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment" should also be made.
The default judgment should be affirmed and the appeal thrown out.
2. W.R. Reeves v. Central of Georgia Railway Company
The main issue in this case is whether admission of testimony by Reeves by the judge in light of the provisions of the Federal Employers Liability Act contributes to a reversible error.
This is a liability for negligence case whose main focus is on the possibility of legal error. The Federal Employers Liability Act provides substantial grounds for a railroader worker to be compensated should there be injuries while on the job. The Central of Georgia Railway Company had a vicarious liability to compensate Reeves.
The Federal Employers Liability Act was mainly designed to offer compensation for some of ...
This document discusses standards of proof for corruption allegations in international arbitration cases. It summarizes positions from several international arbitration cases that found corruption must be proven by clear and convincing evidence or reasonable certainty given its serious nature. However, circumstantial evidence and inferences can be considered. If corruption is proven, tribunals may find they lack jurisdiction or claims are inadmissible due to illegality of the investment. In limited cases where states condoned corruption, tribunals may still consider other arguments to balance holding states accountable.
This document contains a motion to dismiss a court case for lack of evidence and due process violations. It argues that the judgment should be voided for several reasons, including that no first-hand witnesses testified under oath to provide evidence, hearsay was relied upon, the plaintiff's attorney lacked capacity to testify, substantive due process was denied without a material fact witness, and no valid contract was presented. The motion seeks to dismiss the case based on these deficiencies.
The document provides an overview of the Indian legal system for entrepreneurs, covering topics such as the types of presumptions in law, evidence in legal cases, arbitration and conciliation processes, injunctions, contracts, property law concepts, criminal law procedures, and registration requirements. It defines key legal terms and concepts and compares different legal classifications and processes.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
Judicial complaint dismissal and further info agreedDouglas GARDINER
This letter from the Judicial Conduct Investigations Office acknowledges a complaint filed by Mr. Gardiner about the conduct of District Judge Asplin during a hearing on October 21, 2014. The letter dismisses part of the complaint, relating to the judge's decision, as the office cannot investigate judicial decisions. For the remaining part of the complaint alleging the judge insulted the complainant's intelligence, more information is requested by January 21st to further investigate, or else that part of the complaint may also be dismissed.
This document discusses the concept of fair administrative action in criminal justice in Kenya. It begins with an introduction to fair administrative action as anchored in Kenya's constitution and Fair Administrative Action Act of 2015. It then discusses entities that take administrative actions, the objectives to be observed in administrative actions, and judicial pronouncements related to administrative decisions impacting access to office for those facing criminal charges. The document also provides a comparative analysis of administrative justice systems in India and the UK. It concludes by outlining unresolved issues in Kenyan jurisprudence regarding administrative actions in criminal matters and the remedies provided for under the Fair Administrative Action Act.
Rural-Metro - Aiding and Abetting (DealLawers) 3-9-16Kevin Miller
The document summarizes a Delaware Supreme Court case regarding aiding and abetting breach of fiduciary duty claims against a financial advisor, RBC Capital Markets. The key holdings were:
1) The board breached its fiduciary duties by approving a merger based on an unreasonable process influenced by RBC's actions to favor its own interests.
2) RBC knowingly participated in the breach by creating an informational vacuum and intentionally misleading the board, establishing scienter.
3) RBC was liable for aiding and abetting the breach of fiduciary duty, but financial advisors generally are not gatekeepers and liability requires egregious behavior like fraud on the board.
This document is a decision from the Human Rights Tribunal of Ontario regarding an application alleging discrimination in housing by Michael Vinokur against York Condominium Corporation #201 and David Tartatovsky. The Tribunal dismissed the application, finding no reasonable prospect of success. Specifically, the Tribunal found that Vinokur provided no evidence linking the alleged differential treatment to the protected grounds of receipt of public assistance, age, disability, or reprisal. Additionally, there was no reasonable prospect of proving discrimination based on race, ancestry, place of origin, ethnic origin, marital status, or family status.
Vantage Lighting Philippines vs. Atty. Jose A. Dino, Jr., A.C. No. 7389 & 105...ElleAlamo
1) The Supreme Court of the Philippines considered two disbarment complaints, one filed against lawyer Jose Diño Jr. by former clients Vantage Lighting Philippines and others, and one filed by Diño against Vantage's new lawyers Paris and Sherwin Real.
2) Diño represented to Vantage that he could secure a temporary restraining order by bribing the judge with P150,000, violating the Code of Professional Responsibility. He later threatened Vantage when they refused to pay additional fees.
3) The Court ruled that Diño's conduct, including claiming the judiciary could be bought, warranted disbarment from practicing law. A three-year suspension was too light a penalty given the
This document contains multiple choice questions regarding legal ethics and professional responsibility. Some key points covered include:
- A lawyer should perform a preliminary check for conflicts of interest before a prospective client provides any confidential information.
- If trust funds were improperly withdrawn, the lawyer must transfer the funds back to the trust account and self-report to the Law Society.
- If a client subsequently obtains documents relevant to a case after discovery, the lawyer must notify the opposing counsel and produce the documents.
- A lawyer cannot release funds held in trust pending resolution of a related legal matter without consent from all interested parties.
This document provides a 3-page summary of a bail application hearing in the High Court of Jammu and Kashmir.
[1] The petitioner, Aman Sagotra, is seeking bail in an FIR registered under Section 376 IPC (rape) against him. He claims the sexual relationship was consensual as the prosecutrix willingly entered into it.
[2] However, the prosecutrix alleges the petitioner developed an illicit relationship with her against her will while she was a minor, and raped her on 22.10.2019 by threatening her.
[3] Considering the factors governing bail under law, the Court finds a prima facie case of rape against the petitioner. It
Shodunke v Alberta (Human Rights Commission), 2023 ABKB 260 (Eamon, J) is a new Court of King’s Bench Judicial Review decision which provided
substantial guidance to the Tribunal on the scope of its proper screening function to dismiss complaints without a hearing, and the
circumstances where the Tribunal’s weighing of credibility at the screening stage is inappropriate.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
Requirement of a statutory notice in Uganda's lawsMarilyn Yvone
The court considered an application by Uganda Registration Services Bureau seeking unconditional leave to appear and defend a civil suit brought by Stellar Properties Limited. The Bureau argued that the suit was barred because Stellar did not provide the mandatory statutory notice required to sue the Bureau, as a statutory corporation. However, the court found that while the notices Stellar sent did not use the exact prescribed form, they met the material requirements of identifying the claimant, facts, and value of claim. The court thus dismissed the Bureau's application, finding that the notice requirements were directory rather than mandatory, and the Bureau was not prejudiced.
The document discusses pre-trial procedures and pleadings in civil suits. It covers several key topics:
1. Effective pre-trial procedures like taking instructions from clients can help manage cases by preventing delays and encouraging settlements. Ineffective procedures can lead to court congestion and denial of justice.
2. There are requirements for pleadings like the plaint stating circumstances constituting each cause of action. A court may refuse a plaint if these requirements are not met.
3. Jurisdiction of courts is determined by factors such as where defendants reside, where land is located, or where causes of action arose. There are also pecuniary and other limitations of different courts.
Canada offers two main types of work permits for foreign nationals: open work permits and closed work permits. Open work permits are not tied to a specific employer and allow the holder to work for any eligible employer. Closed work permits are employer-specific and require a positive Labour Market Impact Assessment in most cases to show the employer could not find a Canadian citizen or permanent resident for the position. Some closed work permits are exempt from the Labour Market Impact Assessment requirement. Foreign nationals must apply for the type of work permit for which they are eligible based on their individual situation in order to legally work in Canada.
As a popular immigration destination, Canada has numerous permanent residence programs to recruit people from all over the world. But Canada also hosts temporary residents who come to work, study, or visit for an authorized period.
The Rural and Northern Immigration Pilot (RNIP) Program.pdfMy Consultant
(RNIP) continues the federal government’s strategy of granting more control over immigration to provinces and municipalities, inspired by the success of the Atlantic Immigration Pilot.
2021 welcomed a record number of new immigrants and 2022 is set to surpass th...My Consultant
As part of Canada’s 2021-2023 Immigration Levels Plan, and to support Canada’s post-pandemic recovery, the government met and exceeded its target of welcoming 401,000 permanent residents in 2021.
The Interpretation of the Residency Requirement for Canadian CitizenshipMy Consultant
If you have been a permanent resident living in Canada for at least two years, then you may be entitled to become a Canadian citizen by naturalization. Find out more.
The document provides an overview of the Indian legal system for entrepreneurs, covering topics such as the types of presumptions in law, evidence in legal cases, arbitration and conciliation processes, injunctions, contracts, property law concepts, criminal law procedures, and registration requirements. It defines key legal terms and concepts and compares different legal classifications and processes.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
Judicial complaint dismissal and further info agreedDouglas GARDINER
This letter from the Judicial Conduct Investigations Office acknowledges a complaint filed by Mr. Gardiner about the conduct of District Judge Asplin during a hearing on October 21, 2014. The letter dismisses part of the complaint, relating to the judge's decision, as the office cannot investigate judicial decisions. For the remaining part of the complaint alleging the judge insulted the complainant's intelligence, more information is requested by January 21st to further investigate, or else that part of the complaint may also be dismissed.
This document discusses the concept of fair administrative action in criminal justice in Kenya. It begins with an introduction to fair administrative action as anchored in Kenya's constitution and Fair Administrative Action Act of 2015. It then discusses entities that take administrative actions, the objectives to be observed in administrative actions, and judicial pronouncements related to administrative decisions impacting access to office for those facing criminal charges. The document also provides a comparative analysis of administrative justice systems in India and the UK. It concludes by outlining unresolved issues in Kenyan jurisprudence regarding administrative actions in criminal matters and the remedies provided for under the Fair Administrative Action Act.
Rural-Metro - Aiding and Abetting (DealLawers) 3-9-16Kevin Miller
The document summarizes a Delaware Supreme Court case regarding aiding and abetting breach of fiduciary duty claims against a financial advisor, RBC Capital Markets. The key holdings were:
1) The board breached its fiduciary duties by approving a merger based on an unreasonable process influenced by RBC's actions to favor its own interests.
2) RBC knowingly participated in the breach by creating an informational vacuum and intentionally misleading the board, establishing scienter.
3) RBC was liable for aiding and abetting the breach of fiduciary duty, but financial advisors generally are not gatekeepers and liability requires egregious behavior like fraud on the board.
This document is a decision from the Human Rights Tribunal of Ontario regarding an application alleging discrimination in housing by Michael Vinokur against York Condominium Corporation #201 and David Tartatovsky. The Tribunal dismissed the application, finding no reasonable prospect of success. Specifically, the Tribunal found that Vinokur provided no evidence linking the alleged differential treatment to the protected grounds of receipt of public assistance, age, disability, or reprisal. Additionally, there was no reasonable prospect of proving discrimination based on race, ancestry, place of origin, ethnic origin, marital status, or family status.
Vantage Lighting Philippines vs. Atty. Jose A. Dino, Jr., A.C. No. 7389 & 105...ElleAlamo
1) The Supreme Court of the Philippines considered two disbarment complaints, one filed against lawyer Jose Diño Jr. by former clients Vantage Lighting Philippines and others, and one filed by Diño against Vantage's new lawyers Paris and Sherwin Real.
2) Diño represented to Vantage that he could secure a temporary restraining order by bribing the judge with P150,000, violating the Code of Professional Responsibility. He later threatened Vantage when they refused to pay additional fees.
3) The Court ruled that Diño's conduct, including claiming the judiciary could be bought, warranted disbarment from practicing law. A three-year suspension was too light a penalty given the
This document contains multiple choice questions regarding legal ethics and professional responsibility. Some key points covered include:
- A lawyer should perform a preliminary check for conflicts of interest before a prospective client provides any confidential information.
- If trust funds were improperly withdrawn, the lawyer must transfer the funds back to the trust account and self-report to the Law Society.
- If a client subsequently obtains documents relevant to a case after discovery, the lawyer must notify the opposing counsel and produce the documents.
- A lawyer cannot release funds held in trust pending resolution of a related legal matter without consent from all interested parties.
This document provides a 3-page summary of a bail application hearing in the High Court of Jammu and Kashmir.
[1] The petitioner, Aman Sagotra, is seeking bail in an FIR registered under Section 376 IPC (rape) against him. He claims the sexual relationship was consensual as the prosecutrix willingly entered into it.
[2] However, the prosecutrix alleges the petitioner developed an illicit relationship with her against her will while she was a minor, and raped her on 22.10.2019 by threatening her.
[3] Considering the factors governing bail under law, the Court finds a prima facie case of rape against the petitioner. It
Shodunke v Alberta (Human Rights Commission), 2023 ABKB 260 (Eamon, J) is a new Court of King’s Bench Judicial Review decision which provided
substantial guidance to the Tribunal on the scope of its proper screening function to dismiss complaints without a hearing, and the
circumstances where the Tribunal’s weighing of credibility at the screening stage is inappropriate.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
Requirement of a statutory notice in Uganda's lawsMarilyn Yvone
The court considered an application by Uganda Registration Services Bureau seeking unconditional leave to appear and defend a civil suit brought by Stellar Properties Limited. The Bureau argued that the suit was barred because Stellar did not provide the mandatory statutory notice required to sue the Bureau, as a statutory corporation. However, the court found that while the notices Stellar sent did not use the exact prescribed form, they met the material requirements of identifying the claimant, facts, and value of claim. The court thus dismissed the Bureau's application, finding that the notice requirements were directory rather than mandatory, and the Bureau was not prejudiced.
The document discusses pre-trial procedures and pleadings in civil suits. It covers several key topics:
1. Effective pre-trial procedures like taking instructions from clients can help manage cases by preventing delays and encouraging settlements. Ineffective procedures can lead to court congestion and denial of justice.
2. There are requirements for pleadings like the plaint stating circumstances constituting each cause of action. A court may refuse a plaint if these requirements are not met.
3. Jurisdiction of courts is determined by factors such as where defendants reside, where land is located, or where causes of action arose. There are also pecuniary and other limitations of different courts.
Canada offers two main types of work permits for foreign nationals: open work permits and closed work permits. Open work permits are not tied to a specific employer and allow the holder to work for any eligible employer. Closed work permits are employer-specific and require a positive Labour Market Impact Assessment in most cases to show the employer could not find a Canadian citizen or permanent resident for the position. Some closed work permits are exempt from the Labour Market Impact Assessment requirement. Foreign nationals must apply for the type of work permit for which they are eligible based on their individual situation in order to legally work in Canada.
As a popular immigration destination, Canada has numerous permanent residence programs to recruit people from all over the world. But Canada also hosts temporary residents who come to work, study, or visit for an authorized period.
The Rural and Northern Immigration Pilot (RNIP) Program.pdfMy Consultant
(RNIP) continues the federal government’s strategy of granting more control over immigration to provinces and municipalities, inspired by the success of the Atlantic Immigration Pilot.
2021 welcomed a record number of new immigrants and 2022 is set to surpass th...My Consultant
As part of Canada’s 2021-2023 Immigration Levels Plan, and to support Canada’s post-pandemic recovery, the government met and exceeded its target of welcoming 401,000 permanent residents in 2021.
The Interpretation of the Residency Requirement for Canadian CitizenshipMy Consultant
If you have been a permanent resident living in Canada for at least two years, then you may be entitled to become a Canadian citizen by naturalization. Find out more.
Discover the exhilarating world of manta ray night snorkeling in Kona, Hawaii. Led by expert guides, participants witness these majestic creatures feeding on plankton under mesmerizing underwater lights. With stringent safety measures, environmental responsibility, and emergency preparedness, enjoy this unique adventure responsibly and securely with trusted tour operators.
Explore Austin's dynamic history and cultural tapestry on a captivating journey. From its origins as Texas' capital to architectural marvels like the Texas State Capitol and cultural hubs such as the Driskill Hotel. Dive into its diverse heritage, legendary music scene, key historical moments, natural beauty, and vibrant culinary delights.
A list of budget-friendly things that families can do in San Antonio! Dive into its rich history and vibrant culture at iconic landmarks like the Alamo. Explore colorful Market Square and stroll along the scenic River Walk. Enjoy family-friendly fun at Brackenridge Park and capture breathtaking views at the Tower of the Americas—all without breaking the bank!
The 09 Days Tour to Skardu by road offers a breathtaking journey through some of Pakistan’s most spectacular landscapes. Skardu, nestled in the heart of the Karakoram mountain range, is renowned for its stunning vistas, crystal-clear lakes, and rugged terrain.
With the American Airlines name change policy, you can alter the incorrect name on your flight ticket/boarding pass without any fuss. Therefore, it’s essential to understand the major guidelines before requesting a name change/correction. However, if you still encounter any issues, you can navigate to the AA website or approach the airline over the phone. Additionally, you can talk with a flight expert at +1-866-738-0741 to get your problem fixed in a few minutes.
Our Bahrain Visa PowerPoint Presentation offers a detailed and comprehensive guide to the Bahrain visa application process. It is designed to assist travelers, travel agents, and businesses in navigating the various visa types, including tourist, business, work, student, and family visas. Each section provides an in-depth look at eligibility criteria, required documents, and step-by-step application procedures. Additionally, the presentation includes valuable tips for avoiding common application mistakes, an overview of processing times, and details on fees and payment methods. This presentation aims to ensure a smooth and successful visa application experience, making travel to Bahrain as seamless as possible.
The Inca Trail to Machu Picchu is an unforgettable adventure, blending stunning natural beauty with rich history. Over four days, trekkers traverse diverse landscapes, from lush cloud forests to high mountain passes, encountering ancient Inca ruins along the way. Each step brings you closer to the awe-inspiring sight of Machu Picchu, revealed at sunrise from the Sun Gate. The journey is challenging but incredibly rewarding, offering a profound sense of accomplishment. With its combination of breathtaking scenery and cultural significance, the Inca Trail to Machu Picchu is a must-do for those seeking an extraordinary adventure in Peru.
Traveling with Frontier Airlines through Boston Logan International Airport offers a budget-friendly and efficient experience. With the modern facilities at Terminal C, extensive services, and amenities provided by Frontier, passengers can enjoy a comfortable journey. Whether you're a frequent flyer or a first-time traveler, this guide aims to help you navigate BOS with ease and make the most of your trip.
Southwest Airlines Low Fare Calendar: The Ultimate Guidei2aanshul
Travelling doesn't have to be expensive, especially with tools like the Southwest Airlines Low Fare Calendar at your disposal. This guide will take you through everything you need to know about using this feature to snag the best deals on your flights. Whether you're a seasoned traveller or planning your first trip, this guide will ensure you get the most out of your budget.
Passengers who request name modification after the risk-free period have to pay the United Airlines name change fee. Furthermore, in some cases, travelers have to pay the difference in fare if applicable. The airline doesn’t permit you to make other modifications (date change, fare classes, time, etc) under the name correction policy. Moreover, before you proceed, you must get all related information comprehensively. For that, you can call the consolidation desk at +1-800-865-1848 and get instant response.
1. RCICs and Judicial Review
JUDICIAL REVIEW•
SEP 26, 2022
BY: HUI ZHANG [CICC ID: R524643]
RCICs are not authorized to represent clients before the courts,
according to subsection 91(10) of the Immigration and Refugee
Protection Act (IRPA). However, we do contribute to judicial review.
How?
This article explores the role we play in judicial review.
Practicing immigration law by RCICs stems from paragraph 91(2)(c)
of IRPA. Subsection 91(10) of IRPA excludes proceedings before a
2. superior court; therefore, RCICs are not allowed to represent clients
for judicial review. However, RCICs do play an indispensable part in
judicial review. Our contribution comes in three forms.
1. Correct and accurate analysis on the issue seeking judicial
review points clients to a right direction.
When judicial review is an option for a client, as RCICs, we need to
conduct our research and analysis to see whether it is a remedy
that we may present to the client to get their issues addressed.
Judicial review prescribed in subsection 72(1) of IRPA as a means
to allow federal courts to oversee the exercise of powers by
administrative decision-makers is not a panacea for all issues
befalling a client, even though the wording adopted in the
subsection is “any matter.” The subsection expressly stipulates
applications for judicial review start from an application for leave.
Leave means permission, which means applying for judicial review
cannot initiate judicial review. Only after the Federal Court has
granted leave, judicial review will be conducted.
To seek judicial review, is to ask the Federal court to declare the
result the applicant got was the product of unreasonableness,
incorrectness, or breach of procedural fairness. Which standard
shall be applied, reasonableness or correctness, depending on the
nature of the decision in question. When the client is seeking an
RCIC’s advice on the recourse of their matter or an RCIC was the
3. representative of the matter at issue where judicial review is to be
sought, the fact that RCICs are not allowed to practice in judicial
review is not an excuse for us to tell the client to seek judicial
review without analyzing the client’s situation. To leave meeting the
case to lawyers is mandatory, but, here, to let the client know
whether they have a case lies with the RCICs. If the client does not
have a case, how could they meet their case? No one can make
something out of nothing. Seeking judicial review, in this
circumstance at best, would be a waste of time, effort, and money,
and at worse, would complicate the matter further.
Recommending judicial review as a solution without analyzing the
issue is tantamount to incompetency, for we point a direction to our
clients where we do not know where it leads to. That is contrary to
the nature of competence prescribed in subsection 19(2) of the
Code of Professional Conduct for College of Immigration and
Citizenship Consultants Licensees (the Code).
2. Ethical and competent representation sets the foundation for
judicial review
Ethical and competent representation is RCICs’ obligation to our
clients. Where our representation was ethical and competent, but
our client still got the undesirable result, the adequacy and
competency of our representation will be a good foundation for
judicial review if it is the only option.
4. 3. The incompetent representation becomes the source of
judicial review
This is the worst-case scenario where an RCIC may “contribute” to
judicial review. We all make mistakes as human beings. In an
unfortunate situation where we made an error and it was the source
of the result, the only approach for us to follow is prescribed in
section 30 of the Code.
There are enough cases pointing to the incompetent
representations leading up to undesirable results that applicants
have to rely on judicial review to address the miscarriage of justice.
That complicates clients’ lives, bring disrepute to the RCIC
profession, and waste tax-payers money by adding unnecessary
workload to both the judicial and immigration administrative
systems. It is something that, the author believes, all RCICs would
strive to avoid. Xiao ((Xiao v. Canada (Citizenship and Immigration),
2021 FC 1360) is a case that may help us keep alert.
In Xiao, the applicant, Ms. Xiao sought judicial review of a decision
made by the Immigration Appeal Division (IAD) dismissing her
appeal of her sponsorship application for her daughter. Her
application was submitted by her representative, an RCIC. The RCIC
mailed her application to the IRCC responsible processing office
one day before her daughter turned the age of 22. When the visa
officer raised the concerns over the age of Xiao’s daughter, the RCIC
5. argued the application was ought to be deemed submitted on the
date it was postmarked by Canada Post, which was one day before
the daughter reached 22. However, the RCIC didn’t inform Xiao of
the concerns of the visa officer.
The application was refused. The RCIC proceeded with Ms. Xiao to
file an appeal with the IAD against the decision. The appeal was
dismissed on the basis that the age lock-in date was the date when
IRCC received the application. No humanitarian and compassionate
(H&C) considerations were considered because the IAD does not
have jurisdiction to do so according to section 65 of IRPA where the
daughter was not a member of the family class.
Ms. Xiao eventually filed a re-open application with the IAD on the
grounds that the negligence of the RCIC resulted in a miscarriage of
justice. Ms. Xiao argued that if not because of the negligence and
incompetence of the RCIC, she could be afforded the opportunity of
sponsoring her daughter as well as seeking H&C relief. The IAD
denied the application finding there was no such thing as a
miscarriage of justice because the IAD had no jurisdiction to
entertain her appeal on the basis that her daughter was not a
member of the family class.
When it came to judicial review, the Federal Court concluded that in
Ms. Xiao’s case, the RCIC’s conduct did amount to incompetence
and the acts of the RCIC resulted in a miscarriage of justice.
6. Therefore, Ms. Xiao successfully had the refusal decision set aside
and afforded another opportunity of her sponsorship.
It took Ms. Xiao three years to get this far. It would have taken only
one-year, then, for Ms. Xiao to unite her daughter in Canada if the
RCIC delivered the immigration service competently.
So, judicial review, as RCICs, we are part of it – by either
contributing to our clients’ case positively or negatively. Which form
do we want to take? If we take the form we should take, we shall
worry none about the negative contribution.