RCIC (EPE) Practice Quiz
Free · 160 Questions.

• Reasonableness
• Correctness
• Palpable and overriding error
• Patent unreasonableness

Why: Vavilov established reasonableness as the presumptive standard for judicial review of most administrative decisions, replacing the older multi-factor analysis, while preserving correctness review for a narrow set of exceptional categories.

• Refuse it, explain the s.40 risk, and withdraw if the client insists
• Submit it as requested, since the RCIC merely relays client documents
• Submit it along with a cover-letter disclaimer noting some doubts
• Drop the letter and submit the rest without telling the client why

Why: Misrepresentation can make the applicant inadmissible for five years (IRPA s.40) and is an offence (s.127); counselling or aiding it is also an offence (s.126). Under the Code the RCIC must not knowingly assist in or encourage dishonesty or fraud (s.12), must advise the client that the conduct should not be pursued (s.35(2)), and must terminate the service agreement if the client persists (s.35(1)(b)).

• The Minister, at every review of the detention
• The detainee, who must prove they pose no danger
• The burden is shared equally between both parties
• Neither party, since no burden applies to detention reviews

Why: Under s.58(1) the Immigration Division must order release unless it is satisfied that a ground for detention exists, such as danger to the public, flight risk, an inquiry into a reasonable suspicion of inadmissibility on security or criminality grounds, or identity not established. The Minister must therefore establish those grounds at each review, which s.57 requires within 48 hours, within the following 7 days and at least once in each 30-day period afterward.

• That the assistant is of good character, knows the Code, and is adequately supervised
• That the assistant has previously worked at an immigration law firm
• That CICC has given written approval before the assistant touches any file
• That the assistant works independently, with the RCIC reviewing files at closing

Why: Section 38 requires a licensee to ensure that a person who assists in providing services is of good character, has a copy of the Code and is familiar with it, and does not do anything that would contravene the Code. The licensee must also supervise and assume professional responsibility for that work, at a level of supervision adequate for the type of work.

• Continue right into the appeal strategy, to stay on schedule
• Pause, acknowledge the emotion, and give the client time
• End the consultation right away, and reschedule another day
• Reassure the client quickly that the refusal "isn't a big deal"

Why: Managing emotional situations requires pausing, responding with empathy, and allowing the client time to process before proceeding, rather than rushing forward or dismissing their feelings.