ICL820 -Module 2 Knowledge Check
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Queens University *
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ICL820
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Communications
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Apr 3, 2024
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docx
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Module 2: Knowledge Check
1.
Over-promising when it comes to clients is a poor communication practice and should be avoided. It is important for consultants to know which types of promises are permissible and which are not. Under standard rules of professional
conduct, which type of promise would be permitted?
a)
Promising you will work very diligently on the file
b)
Assurances the processing time will be quick
c)
Implying you have connections in government who will help ensure a positive
decision
d)
Guaranteeing the success of the application
This is a legitimate promise and can be reflected in the service agreement
2.
One question on every immigration application asks whether the applicant has ever had any criminal convictions. Your client Yuri tells you he was convicted of impaired driving in Russia 20 years ago. He does not want to disclose it and knows it is too old to show up on his record. He will order his criminal record but is certain this will not show. Your best response to Yuri is:
a)
Wait and see what is on the record to determine if it must be disclosed
b)
Yuri must disclose it whether it appears on his official record or not
c)
If it is not on the official record, he can safely answer that he has no convictions
d)
It is Yuri's decision.
Yes, as all questions on forms must be answered truthfully, and you must communicate that unequivocally to clients. – see ss 12 and 35(2).
3.
According to the Code of Professional Conduct, a service agreement must include:
a)
The client's obligation to tell the truth
b)
The client's obligation to inform you of an address change
c)
A description of the complaints process of the College of Immigration and Citizenship Consultants
d)
The number of years you have been in business.
Yes - section 24(3)(v) of the Code
4.
A "phantom client" is:
a)
A former client you no longer represent
b)
A deceased client
c)
A client who dies during the application
d)
A consultation client who believes you are providing services when you are not
5.
Mustafa, an RCIC in Leamington, Ontario, answers his own phone calls. One day Mustafa received a call from a farm worker for Joshua Tomato Products identifying himself as Dominic. Before Mustafa could get a word in edgewise, Dominic blurted out in broken English how cruel his employer was to himself and
the other workers. The employer makes deductions from their paychecks for "slow work" and coffee breaks, against their employment contract. He wants Mustafa's help to find a new employer. Mustafa does not do employment immigration and usually makes a referral in these types of cases. He has not yet said anything to Dominic. Does Mustafa, through this brief phone call, owe any professional duties to Dominic?
a)
No, as Dominic is not a client under the definition in the Code
b)
Yes, by calling Mustafa with personal facts, Dominic has become a client, so all professional duties are owed
c)
No, because Mustafa has not offered to provide services
d)
Yes, because limited duties are owed to potential clients, such as confidentiality and avoiding conflicts of interest
It is true that Mustafa is not a client, but that does not necessarily mean no duties are owed.
6.
Which one of these parties would be considered a current client under the s 1(1) of Code of Professional Conduct?
a)
A person who came for a consultation but decided not to retain you for their Express Entry application
b)
A person who called your office being held in immigration detention, and spoke to your assistant about his case to seek help
c)
The uncle of a refugee claimant who is paying your fees to represent his nephew at a refugee hearing
d)
A consultation client whom you verbally agreed to represent on their
study permit, but who has not yet sent you the signed service agreement
Yes. Although they are not a client for the study permit under s 1(1)(a), they are a client under 1(1)(b). After a consultation and the RCIC's agreement to provide services, they must be treated as a client. As you have no service agreement yet, this requires clear communication to sign it by a certain date if they wish to retain you. Otherwise, your obligation will be ongoing under s 1(1)(c).
7.
Chioma is an RCIC in Winnipeg. She received an email from Claudia about sponsoring her parents for permanent residence. Claudia believes they qualify based on IRCC's website but has a few questions. Chioma replied by email offering to meet with Claudia the following week at a mutually acceptable time for a consultation fee of $200 CAD, including gst. The next step is for Chioma to:
a)
Send Claudia a draft Consultation Agreement for signing before the meeting
b)
Conduct the consultation, and, during the meeting, have Claudia sign the Consultation Agreement
c)
After the meeting, send Claudia a Consultation Agreement for signing
d)
Not worry about a Consultation Agreement - none is needed as the details were confirmed in writing by email
Yes - s 23(1) - This is necessary before the consultation. 8.
Kwame has operated his own immigration practice in Regina for three years. He works mostly in economic immigration, bringing foreign workers to Canada temporarily and permanently. He sometimes renews their PR cards and applies for citizenship for those who qualify. His database of former clients is growing by the hundreds every year. One day at an immigration conference Kwame learned about ongoing duties to these past clients. He is taken by surprise as he cannot possibly remember all these people over the years. He decides to create an electronic system for all past clients to ensure he can search them easily. Regarding former clients, Kwame must:
a)
Maintain confidentiality and not take cases against their interests on
related matters
b)
For five years, respect the confidentiality of their immigration affairs
c)
Contact them if immigration law or policy changes affecting their status
d)
After closing their file, not contact them further
Yes, these duties apply to former clients - s 28(1) and s 1(2).
9.
A consultant must terminate a service agreement where:
a)
The client has not paid the fees
b)
The client's medical exam reveals an unexpected kidney condition and the consultant has a colleague who can assist
c)
The client asks to transfer their file to another consultant who speaks their language
d)
The client suggests he would prefer not to disclose on his forms that he has a child from another relationship as his current wife is unaware
At this point the client is suggesting, not insisting. This is exactly where s 35(2) comes in. You must advise the client this is not honest and you will not do it. You need only terminate under s 35(1)(b) if the client insists.
10.Julie Trinh made a consultation appointment with you to discuss extending her visitor status. The appointment is to begin at 2pm. At 1:45 Julie arrives with her grandmother and teenage son. At 1:50, another woman arrives announcing she is Julie's social worker and wants to help Julie and sit in on the meeting. Your summer student comes down the hall and says: "Do you mind if I sit in? I am trying to learn as much as I can!". Who can attend your appointment with Julie?
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a)
None of them, as the appointment was only arranged with Julie
b)
Only her family, as they came to support her
c)
The grandmother, social worker and son because they can all assist Julie
d)
All of them if Julie consents
Yes, this is the key. To ensure she is giving consent voluntarily [called 'authorization under s 28(2)(a)] to the attendance of each person, it is best to ask her privately about each one seeking to attend.