Case Study "Lisa"

You are retained by Lisa who has just been detained by CBSA. Lisa came to Canada seeking refugee protection, but her claim was terminated in 2015 due to a finding under 5.34(1)f) of the IRPA that she is inadmissible for membership in a group that subverted a government by force. In 2018, Lisa's PRRA was refused and then she was called in by CBSA for removal and did not show up. She has been in Canada without status ever since. Yesterday she was arrested by CBSA and is awaiting her 48-hour detention review. Lisa has been living with her partner of six years and together they have a three-year-old daughter for whom Lisa is the primary caregiver.

Question 16 (1 point) Can Lisa apply for an H&C? a) Yes b) Yes, because she is exempted from the PRRA-bar because she has a young child, c) No. because of her s.34(1) inadmissibility. d) No, because she is subject to a removal order

Question 17 (1 point) You are representing a detainee and get important new evidence 72 hours before their seven-day detention review. You should

a) send it to the Division and Minister's Counsel with an application for late disclosure since itis being submitted within five days of the hearing, b) send it to the Division only, so Minister's Counsel has less time to prepare counterarguments ) Bring it to the hearing and present it in person. d) send it to the Division and Minister's Counsel as soon as possible

Question 18 (1 point) Which of the following statements is true? a) Where the ground of danger to the public has been made out, the Division must order continued detention. b) Where the ground of danger to the public has been made out, the Division can only order release if it is satisfied that conditions have been imposed such that there is zero risk of any Canadian being harmed. c) Where the ground of danger to the public has been made out, the Division may still order release if a balancing of the IRPR s.248 factors favours release. d) None of the above