Pleasepleasedo not respond through AI tools like ChatGPT or Gemini, as nearly all their answers have been consistently "incorrect". Please answer the MCQ questions only if you have the knowledge to solve them.

For some questions, there may be several correct answers, so the "most correct" options would be considered.

These questions pertain to "Canadian immigration law."

Question 2

A student, Chumuka, was studying in the Canadian immigration law program at Queens, taking a course. One requirement of the course was to post answers to the case study questions each week on the Discussion Board. One question this week was: What actions does the Code require an RCIC to take if they receive correspondence on a client's application? Chumuka wrote: "If the RCIC receives correspondence, he must follow section 22(3) and promptly notify the client in writing". In terms of the EDI concepts presented in Module 5, this answer from Chumuka appears to reflect:

microaggression

none of the above

unconscious bias

a concern for access to justice

Question 3

The Code of Professional Conduct requires RCICs to use technology that is appropriate when delivering services to clients, and to use technology effectively. These obligations are specifically stated in the Code as part of the duty of:

delivering quality services.

diligence.

competence.

proper record-keeping.

Question 4

Satish needs a translation of his client's medical report which is in the Tamil language. The report explains the client's injuries and is critical to his refugee case. When Satish tells the client the quote he received from a professional translator, the client insists his friend can translate it to save the cost. However, Satish has had some problems in other cases with medical certificates from this region of Sri Lanka and believes a professional will be needed. In proceeding to hire a professional translator because he deems it necessary, Satish is fulfilling his Code duty to:

deliver quality services to clients.

advance the client's cause without conflicts of interest.

be culturally sensitive to different language and ethnic groups.

be competent in providing immigration services.

Question 5

The main reason conflicts of interest are to be avoided is because they:

are very time-consuming for consultants to manage.

make it impossible to maintain confidentiality.

compromise the duty of loyalty to serve the client's interests only.

are prohibited in the College bylaws.

Question 6

Sinida, an RCIC in Toronto, hired an Amharic interpreter for her Ethiopian client, Abebe Tesfaye, to prepare for his sponsorship appeal at the Immigration Appeal Division.At their first meeting, Sinida began by asking Abebe to tell her where he was born.This was not key to the appeal, but Sinida thought it was a friendly way to start. Abebe spoke a few sentences.The interpreter translated: "He says his mother died in childbirth and he does not know for certain where he was born, but he guesses it was Addis Ababa".The best thing for Sinida to do at this point would be to:

stop the interpretation as the interpreter is not interpreting accurately.

do nothing and carry on, as the birthplace is not key to the appeal.

have the interpreter ask the client if he has any relatives who may know.

speak to Abebe directly and ask him not to guess if he does not know.

Question 7

The College has a Retainer Agreement Regulation which sets out, among other things, various requirements to meet when representing joint clients on the same retainer agreement (now called a service agreement). One requirement is that:

the service agreement must be signed by the paying client only.

if a conflict arises between the joint clients, the licensee must consider hiring a mediator.

if the licensee has a continuing relationship with one client, they must inform the other client of the continuing relationship.

the licensee must protect the confidentiality of any information provided by one joint client and not disclose it to the other.

Question 8

Mutanga has just passed his entry to practice exam to obtain his RCIC-IRB licence.He is excited to have been hired by a top law firm in Saskatoon to conduct their immigration and refugee cases under the supervision of a very experienced lawyer.During his orientation training, his boss explains the importance of trauma-informed practice, which all staff are expected to follow when working with clients.Mutanga learns that the main goal of trauma-informed practice is to ensure that:

no further harm or suffering is caused to the client by the professional's actions.

advocacy in the community for the client is expected of immigration professionals.

professionals are encouraged to participate in mental health counselling of the client.

professional boundaries should be flexible to permit more personal assistance to the client such as help with transit.

Question 9

Phuong Nhi, an RCIC, has been hired by a refugee claimant from China to advance their refugee claim before the Immigration and Refugee Board (IRB). As Phuong Nhi does not speak Mandarin, she retained a professional interpreter to assist them. At one point, the client was having difficulty explaining the philosophy of Falun Gong, which was very important to the refugee claim. The interpreter offered to explain it to the RCIC, as she was very familiar with it, having interpreted at many similar cases at the IRB. Which response of the RCIC is most correct?

No, please interpret the client's statement without altering or adding to it.

Yes, any assistance you can give me to understand this would be appreciated.

No, as it may violate your duty of confidentiality in your previous cases.

Please translate exactly what the client says, but if you believe it is not accurate, then please share your understanding of it.

Question 10

The Code of Professional Conduct permits some types of conflicts of interest and potential conflicts of interest to be managed by obtaining the client's free and informed consent in writing. For example, free and informed consent will be required from each party when you represent more than one person on an application. Free and informed consent requires that:

the client has all the relevant facts and a reasonable time to decide.

the consent requires two witnesses.

the RCIC must file the written consent with the College.

the consent must be notarized by a lawyer or notary public.

Question 11

Artificial Intelligence (AI) tools are increasingly being used by Immigration, Refugees and Citizenship Canada (IRCC) to process visas for temporary and permanent residence. One such tool, called Chinook, can target, compile, and present data to officers from across multiple client applications. Some applicants have challenged the use of Chinook in Federal Court cases as being unfair to applicants.However, IRCC maintains that Chinook is an administrative tool only, and can make the officers' work more efficient, but does not impact decision-making.To date, the Federal Court's approach to Chinook has been that:

any use of the Chinook tool is likely to render an officer's decision invalid.

the use of such tools could amount to a breach of procedural fairness if the evidence showed the tool completely replaced the officer's discretion in making the decision.

these tools can be a welcome development if they save officers from making decisions on routine applications.

AI tools may be used to replace officers' decision-making in temporary applications, but not in permanent applications.

Question 12

Self-care, managing stress, and dealing with difficult clients are all critical skills in immigration practice. One source of stress can arise when the client does not pay your bill as agreed in the service agreement. This has just happened to Jonasz, a sole practitioner struggling to make a success of his business. His client paid the installments regularly for his residency appeal up to the point when Jonasz filed the appeal at the IRB.After that, the client missed the next payment. Jonasz expects to wait about a year for the hearing and is concerned about collecting the installments as they come due. He will try his best to resolve the matter through discussions with the client. But if that does not work, Jonasz has the option to

terminate the service agreement promptly if another payment is missed.

contact the IRB regarding the client's non-payment and ask to put the file aside.

inform the client he will cancel the appeal at the IRB if another payment is missed.

give reasonable notice, then terminate his representation of the client.

Question 13

Part of self-care is maintaining positive relationships with clients and managing matters within your control to minimize stress where possible. All of the following strategies are excellent tools to reduce stress in client relationships, but the most important of these would be:

networks to refer clients on matters outside your practice area.

thoroughly reviewing the service agreement with the client.

firm limits on the time you will devote to client files.

reliable back-up plans in the event of your unavailability.

Question 14

The Guidelines established by the Chairperson of the IRB:

have the force of lawand must be followed by IRB Panel Members.

are policies expected to be followed by IRB Panel Members unless some justification existsto diverge from them.

apply in refugee cases onlyat the IRB.

must be followed by RCICs under the Code of Professional Conduct.

Question 15

Xinxi Woo registered for a modern dance class. On her first day, the instructor was getting to know the students in the class using her registration list. She asked the students to please identify themselves when she called their name. She proceeded to call out student names one at a time - Dana, Nadia, Rosario, Marie-Theresa. When she came to Xinxi, she stopped. "Oh, sorry, I don't know how to pronouce your name, can you say it for me, please?" Xinxi was happy to pronounce it for the instructor. The instructor replied: "Oh, gosh, I don't think I can pronounce that. Would you mind if I just call you Jenny?" Which of the options below best represents this situation?

Discrimination

Harmless good intentions on the part of the instructor

Micro-aggression

Implicit or unconscious bias

Question 16

An applicant with an intellectual disability is applying for permanent residence on Humanitarian and Compassionate grounds. An RCIC representing this applicant must be alert to special obligations under the Code when representing persons with disabilities. These would include complying with:

the IRB Chairperson's Guidelines.

provincial human rights legislation.

the Canadian Human Right Act.

a disability rights organization assisting the client.

Question 17

Oluwapelelumi ("Olu") is an RCIC in Moncton, New Brunswick, bringing foreign workers to the Atlantic region to work in the healthcare sector. She was hired by Triston Health Solutions to obtain a Labour Market Impact Assessment (LMIA) for ten workers in a long-term care home. There were numerous problems along the way, but Olu has finally filed the LMIA application with Service Canada. The company has now contacted Olu to say they waited until their LMIA was filed to save time but are very unhappy with her services. They wish to cancel the service agreement with Olu. They have already found a lawyer across town and want their file transferred to her. Plus, they do not want to pay the $2000 still owing.In this situation, Olu should:

require the outstanding payment be made before she will transfer the file.

terminate the service agreement and transfer the file regardless of payment.

explain why this is not in in their best interests and recommend they get independent advice first.

terminate and transfer the file if they agree to pay her discharge fee.

Question 18

When it comes to crossing international borders with personal electronic devices, professionals must take steps to ensure that:

all data is backed up on cloud storage.

the most up-to-date software is used.

devices are stored in checked luggage rather than carry-on.

confidential client data is protected.

Question 19

Carmen is an immigration consultant in Venice, mostly assisting skilled workers to apply for permanent residence through Express Entry. She recently represented Valentino Carasco, an Italian fashion designer who was landed as a permanent resident a month ago and is very grateful to her. To celebrate, Valentino invited Carmen on a week-long cruise on his yacht in the Bahamas, just the two of them.He said he would be interested in starting a relationship with her. Carmen is flattered and quite attracted to Valentino. She would really like to go. Carmen's professional ethics would guide her as follows:

She can accept the invitation because Valentino is no longer a client.

She can accept the invitation if Valentino agrees that Carmen will not represent him in any future matters, including citizenship.

She should decline the invitation as she is prohibited from such relationships for one year after providing services.

She should decline the invitation as intimate personal relationships with former clients are permanently forbidden.

Question 20

Abubacarr specializes in Express Entry applications, and therefore has his own portal for filing applications as an Authorized Representative. He now wishes to help his sister Haja and her family immigrate to Canada, since Haja qualifies as a Federal Skilled Worker. He will not charge any professional fees, of course, but plans to act as an unpaid representative. Abubacarr is not sure how to manage this. He asks you as his friend and colleague whether he can submit an application for his own family member through his portal as their representative. As an experienced practitioner, you inform him that:

this is a potential conflict of interest due to the family relationship and must be avoided.

this an actual conflict of interest due to the family relationship but is permitted if the Code provisions are followed.

this is a potential conflict of interest due to the family relationship but is permitted if the Code provisions are followed.

this is an actual conflict of interest due to the family relationship and must be avoided.

Question 21

Under the Code of Professional Conduct, different types of conflicts of interest must be managed in different ways. Some conflicts can be managed with full disclosure and informed consent. Other types of conflicts require the client to obtain independent advice first, which must be confirmed in writing to the RCIC. In applying the Code, which of the situations below would require the client to obtain independent advice on the transaction before you can assist them?

The client is a foreign student asking you to apply for her study permit after you recruited her for Brenton College as their education agent.

Your spouse owns a travel agency and wants to hire your client as receptionist.

Your client requests investment advice and you recommend a well-known investment company that you use but have no personal involvement in.

You obtained a LMIA for an employer and the worker wants you to represent him on the work permit.