IMMIGRATION AND REFUGEE PROTECTION LAW by csgirla

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									                          CERTIFIED SPECIALIST PROGRAM

                   CITIZENSHIP AND IMMIGRATION LAW
                  (IMMIGRATION/REFUGEE PROTECTION)
             DEVELOPMENTAL PHASES AND LEARNING CRITERIA


I.       Refugee Protection Law

ESSENTIAL/INTERMEDIATE

A) Knowledge

     •   working knowledge of the Immigration and Refugee Protection Act; Regulations; CIC
         Manuals; Operations Memoranda; and case law relevant to the area(s) in which the
         lawyer practices
     •   familiarity with the Canadian Charter of Rights and Freedoms
     •   working knowledge of the procedures, rules and Chairperson’s guidelines with respect to
         hearings before the Refugee Protection Division (and the Refugee Appeal Division –
         when/if implemented) and the Immigration Division of the Immigration and Refugee
         Board
     •   familiarity with the reference papers and commentaries produced by the Immigration and
         Refugee Board
     •   working knowledge of the procedures, rules and practice directions of the Federal Court
         (Trial Division)
     •   working knowledge of administrative law related to judicial review and injunctive relief
         (ie. stays of removal) in the refugee protection context
     •   working knowledge of legal research techniques
     •   working knowledge of country conditions/human rights research techniques including
         internet research
     •   familiarity with expert medical and other resources and interpreters available to assist
         with case and client preparation

B) Skills

     •   legal analysis:
         - identify and assess the legal and factual issues in cases of moderate complexity
         - problem solving and critical thinking
     •   inter-cultural interviewing and counseling skills:
         - effective client and witness interviewing skills in an inter-cultural context
         - effective counseling of clients and prospective clients with respect to options
     •   sensitivity to special issues:
         - respond sensitively to special issues arising in the context of refugee protection cases,
         including dealing with minor and elderly applicants; victims of torture, sexual violence
         and other trauma
     •   written communication/drafting:
         - complete relevant application forms (eg. PIF; PDRCC/PRRA) and prepare related legal
         submissions of moderate complexity
         - prepare Federal Court pleadings of moderate complexity



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    •   research:
        - conduct legal and country conditions/human rights research
    •   oral advocacy:
        - prepare and conduct oral tribunal and court hearings of moderate complexity
    •   case management:
        - effective case management (including adherence to Legal Aid Ontario guidelines,
        solicitor/client communication, case monitoring and follow up)


ADVANCED

A) Knowledge

    •   advanced knowledge of the Immigration and Refugee Protection Act; Regulations; CIC
        Manuals; Operations Memoranda; and case law relevant to the area(s) in which the
        lawyer practices
    •   working knowledge of relevant international human rights law, including Refugee
        Convention; Convention against Torture, related jurisprudence, petition/communications
        procedures and scholarly commentaries
    •   working knowledge of the Canadian Charter of Rights and Freedoms and jurisprudence
        with particular emphasis on sections 7 and 15
    •   advanced knowledge of the procedures, rules and Chairperson’s guidelines with respect
        to hearings before the Refugee Protection Division (and the Refugee Appeal Division –
        when/if implemented) and the Immigration Division of the Immigration and Refugee
        Board
    •   working knowledge of the reference papers and commentaries produced by the
        Immigration and Refugee Board
    •   advanced knowledge of the procedures, rules and practice directions of the Federal Court
        (Trial and Appeal Divisions)
    •   advanced knowledge of administrative law related to judicial review and injunctive relief
        (ie. stays of removal) in the refugee protection context;
    •   advanced knowledge of legal research techniques
    •   advanced knowledge of country conditions/human rights research techniques including
        internet research
    •   working knowledge of expert medical and other resources and interpreters available to
        assist with case and client preparation
    •   familiarity with emerging issues relevant to refugee protection

B) Skills

    •   legal analysis:
        - identify and assess the legal and factual issues in cases of great complexity
        - problem solving and critical thinking
    •   inter-cultural interviewing and counseling skills:
        - effective client and witness interviewing skills in an inter-cultural context
        - effective counseling of clients and prospective clients with respect to options
    •   sensitivity to special issues:
        - respond sensitively to special issues arising in the context of refugee protection cases,
        including dealing with minor and elderly applicants; victims of torture, sexual violence
        and other trauma


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      •   written communication/drafting:
          - complete relevant application forms (eg. PIF; PDRCC/PRRA) and prepare related legal
          submissions of great complexity
          - prepare Federal Court pleadings on complex issues
      •   research:
          - conduct advanced legal and country conditions/human rights research
      •   oral advocacy:
          - prepare and conduct oral tribunal and court hearings of great complexity
      •   case management:
          - effective case management (including case monitoring and follow up)


II.       Immigration Law

ESSENTIAL/INTERMEDIATE

A) Knowledge

      •   working knowledge of the Immigration and Refugee Protection Act; Regulations;
          National Occupation Classification CIC Manuals; Operations Memoranda; GATS,
          NAFTA ; Citizenship Act and Regulations; and case law relevant to the area(s) in which
          the lawyer practices
      •   familiarity with the Canadian Charter of Rights and Freedoms
      •   familiarity with Criminal Code offences and sentencing with respect to immigration
          enforcement issues
      •   working knowledge of the procedures, rules and Chairperson’s guidelines with respect to
          hearings before the Immigration Division and Immigration Appeal Division of the
          Immigration and Refugee Board
      •   familiarity with the reference papers and commentaries produced by the Immigration and
          Refugee Board
      •   working knowledge of the procedures, rules and practice directions of the Federal Court
          (Trial Division)
      •   working knowledge of administrative law related to judicial review and injunctive relief
          (ie. stays of removal) in the immigration context
      •   working knowledge of legal research techniques
      •   familiarity with expert medical and other resources and interpreters available to assist
          with case and client preparation

B) Skills

      •   legal analysis:
          - identify and assess the legal and factual issues in cases of moderate complexity
          - problem solving and critical thinking
      •   inter-cultural interviewing and counseling skills:
          - effective client and witness interviewing skills in an inter-cultural context
          - effective counseling of clients and prospective clients with respect to options
      •   sensitivity to special issues:
          - respond sensitively to special issues arising in the context of immigration cases,
          including dealing with minor and elderly applicants
      •   written communication/drafting:


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        - complete relevant application forms (eg. notice of appeal; applications for humanitarian
        and compassionate relief; temporary entry etc.) and prepare related legal submissions of
        moderate complexity
        - prepare Federal Court pleadings of moderate complexity
    •   research:
        - conduct legal and country conditions/human rights research
    •   oral advocacy:
        - prepare and conduct oral tribunal and court hearings of moderate complexity
    •   case management:
        - effective case management (including case monitoring and follow up)


ADVANCED

A) Knowledge

    •   advanced knowledge of the Immigration and Refugee Protection Act; Regulations;
        National Occupation Classification CIC Manuals; Operations Memoranda; GATS;
        NAFTA; Citizenship Act and Regulations; and case law relevant to the area(s) in which
        the lawyer practices
    •   working knowledge of the Canadian Charter of Rights and Freedoms and jurisprudence
        with particular emphasis on sections 7 and 15
    •   working knowledge of Criminal Code offences and sentencing with respect to
        immigration enforcement issues
    •   advanced knowledge of the procedures, rules and Chairperson’s guidelines with respect
        to hearings before the Immigration Division and Immigration Appeal Division of the
        Immigration and Refugee Board
    •   working knowledge of the reference papers and commentaries produced by the
        Immigration and Refugee Board
    •   advanced knowledge of the procedures, rules and practice directions of the Federal Court
        (Trial and Appeal Divisions)
    •   advanced knowledge of administrative law related to judicial review and injunctive relief
        (ie. stays of removal) in the refugee protection context;
    •   working knowledge of the procedures, rules and practice directions of the Ontario
        Superior Court and the Supreme Court of Canada
    •   advanced knowledge of legal research techniques
    •   working knowledge of expert medical and other resources and interpreters available to
        assist with case and client preparation
    •   familiarity with emerging issues relevant to citizenship and immigration law


B) Skills

    •   legal analysis:
        - identify and assess the legal and factual issues in cases of great complexity
        - problem solving and critical thinking
    •   inter-cultural interviewing and counseling skills:
        - effective client and witness interviewing skills in an inter-cultural context
        - effective counseling of clients and prospective clients with respect to options
    •   sensitivity to special issues:


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    - respond sensitively to special issues arising in the context of immigration cases,
    including dealing with minor and elderly applicants
•   drafting:
    - complete relevant application forms (eg. notice of appeal; applications for humanitarian
    and compassionate relief; temporary entry etc.) and prepare related legal submissions of
    great complexity
    - prepare Federal Court pleadings on complex issues
•   oral advocacy:
    - prepare and conduct oral tribunal and court hearings of great complexity
•   case management:
    - effective case management (including case monitoring and follow up)




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