A quick refresher on Detention Hearings for temporary residents

• CPD Hours – Two (2) Hours & Thirty (30) minutes
• Presentation Date: April 16, 2022 - EST     

Educator: Muhammad Watto B.A., L.L.B.,

Seminar summary

This course will provide a quick overview and outline of grounds for detention of a foreign national by the CBSA and admissibility issues connected to those grounds. The instructor will also review the statutory grounds for detention or inadmissibility and what type of individuals they apply to, as well as what happens when inadmissibility is discovered and the matter is referred to different government agencies.

An overview of detention or admissibility hearings procedure at the Immigration Division of the Immigration and Refugee Board of Canada will be discussed, including steps involved from the moment when the case is being prepared until it is heard.

The course will also cover the basics of discovering inadmissibility, assessing the strength of a client’s case, preparing the evidence for admissibility hearings and examining witnesses at a hearing.      

Event Schedule:

12:45 PM - 1:00 PM    Registration and introduction

1:00 PM - 2:30 PM      Seminar presentation

2:30 PM – 2:45 PM     Break

2:45 PM -  3:45 PM     Seminar presentation 

Presentation to cover

• Statutory basis for detaining a foreign national
• Circumstances surrounding cause of detention
• Understanding the section 44 Report
• Referral of the Report for removal order or Admissibility Hearing
• Understanding the Report and examining the statutory basis
• Assessing the strength of the matter
• The Rules of the Immigration Division
• The hearing – role of the parties
• Natural justice, procedural fairness and the rights of the client
• Preparing your evidence – choosing your documents and witnesses
• Communicating with Minister’s Counsel
• Communicating with the Immigration Division
• Preparation of your client and witnesses
• Hearing procedures
• Examining and cross-examining witnesses
• Closing submissions
• Possible outcomes
• Duty of competence (self-assessment of the legal professional)

 Q & A