Course Outline

Administrative Law and Tribunals: IMM102

Brief This module introduces students to the principles of administrative law in

Description: Canada and the tribunals that administer them. Students will be
introduced to various administrative law concepts and will come to have a
full understanding of tribunal processes. IRB application processes will be
explored and discussed in detail. Students will also conduct a mock
hearing in order to fully comprehend the advocacy skills required to
practice as a consultant in this field.

Course Canadian Immigration and Refugee Law: IMM101

Prerequisites:

Textbook(s) Administrative Law: Principles and Advocacy, 3rd Edition

required for John Swaigen
this Course: © 2016 Emond Montgomery Publications
ISBN: 978-1-55239-667-4

The 2020 Annotated Immigration and Refugee Protection Act of Canada

Henry M. Goslett, Barbara Jo Caruso
© 2020 Carswell
ISBN: 978-1-7725-5160-0

Course 60 hours
Duration
An additional 2 to 3 hours of homework per night is expected during this
course.

Delivery Instructor-led training using a variety of teaching strategies including,

but not limited to: direct and indirect instruction; experiential learning;
independent study; group study, debate and discussion; interactive
instruction. The delivery of course activities incorporates the principles
and best practices of adult education.

Course Upon completion of this course, the student will have reliably
Objectives: demonstrated the ability to:

• Explain and apply the principles of administrative law

• Recognize, explain and compare different types of administrative
tribunals
• Explain the role and functioning of administrative agencies and
tribunals processes
• Explain the concepts and principles of procedural fairness, natural
justice and fundamental justice
• Distinguish between and compare procedural fairness, natural justice
and fundamental justice

© 2019 1
 Course Outline
Administrative Law and Tribunals: IMM102

• Explain the concept and details of standard of review and the relevant
case law
• Explain the functioning of tribunals and jurisdiction
• Recognize, understand and use discretion in administrative law
• Explain Quasi-constitutional law and its relationship to administrative
law
• Perform research to access government information required for
administrative tribunals
• Recognize and explain the concept of bias in the context of
administrative tribunals
• Identify, explain and compare the concepts of burden of proof and
standard of proof
• Recognize and explain the use of remedies in administrative law
• Explain the role and functioning of the Immigration and Refugee Board
• Compare and distinguish the purpose and functionality of tribunals
and courts
• Explain and perform the process of preparing clients and witnesses
• Prepare and present evidence and testimony
• Distinguish between various types of evidence
• Determine the admissibility and reliability of evidence
• Perform research and preparation for cross-examinations
• Conduct cross-examinations
• Prepare and deliver oral and written submissions
• Prepare and effectively present opening statements, rebuttal and
closing arguments
• Submit appeals and request judicial reviews
• Explain the purpose and processes involved in admissibility hearings
• Explain the purpose and processes involved in detention review
procedures
• Perform research for tribunals
• Develop and implement a case strategy in relation to tribunals
• Perform appropriate procedures to prepare cases
• Identify required documentation for an application
• Complete appropriate application forms

Course Participation 10%

Assessments Assignment 10%
Mock Hearing 20%
Mid-Term Exam 30%
Final Exam 30%

A minimum score of 70% overall, including 70% on the Final Exam

is required to pass this course.

© 2019 2
 Course Outline
Administrative Law and Tribunals: IMM102

Exam Policy:
While taking Immigration Consultant course exams, students are
permitted to refer to their class notes and to the Annotated
Immigration and Refugee Protection Act of Canada, but are not
permitted to use any textbooks, electronic devices or access any
online resources.

Attendance Students are expected to attend every day of class, arriving on time,
Expectations returning from breaks promptly and remaining until class is dismissed for
the day.

Absences are permitted only for medical reasons and must be supported
with a doctor’s note. See attendance policy for the College.

Dress Students are expected to dress appropriately and must be in accordance

Expectations with the College’s dress code policy.

Generic The College is committed to ensuring that students have the full range of
Skills knowledge and skills required for full participation in all aspects of their
lives, including skills enabling them to be life-long learners. To ensure
graduates have this preparation, such generic skills as literacy and
numeric, computer, interpersonal communications, and critical thinking
skills will be embedded in all courses. The table below indicates the generic
skills that are applicable to this course.

Course Day Topical Coverage

Breakdown

1  The law and its meaning

The Law and  How laws are made and the various categories
the Legal of law
System
 How laws are administered and enforced in
Tribunals
 Types of administrative tribunals
 Branches of government
 Roles of administrative tribunals
 Differences between tribunals and courts

2  Principles of administrative law

Fundamental

© 2019 3
 Course Outline
Administrative Law and Tribunals: IMM102

Principles of  Procedural fairness, natural justice, and

Administrative fundamental justice
Law  Power, jurisdiction, and discretion
 The Charter and its relationship to
administrative law

3  Quasi-constitutional law
Quasi-  Quasi-constitutional law and its relationship to
Constitutional administrative law
Laws and
 How to access government information
Information
 Freedom of information
 Researching administrative laws

4  Procedural fairness
Fairness and  Sources of procedural fairness for tribunals
Bias in  The right to be heard
Administrative
Law
 Bias and its meaning
 Impartiality
 Conflicts of interest in administrative law
 Researching administrative law cont’d

5  Advocacy before an administrative tribunal

Administrative  Decision making structure of administrative
Agencies and tribunals
Tribunal
 Tribunal processes
Processes
 Effective advocacy strategies
 Application of laws and regulations
 Burden of proof
 Standard of proof
 Researching administrative law cont’d

6  Tribunal processes before and during hearings

Preparation,  Stages of a hearing
Clients and  Disclosure of evidence
Witnesses,
Presenting
 Hearing formats
Evidence and  Participating in the hearing process
Testimony  Roles of parties in tribunals
 Preparing clients and witnesses

© 2019 4
 Course Outline
Administrative Law and Tribunals: IMM102

7  Evidentiary issues
Examinations,  Types of evidence
Submissions,  How to present evidence
Arguments,
Evidence, and
 Preparation of evidence and witnesses
Testimony  Witness examinations
 Opening and closing statements
 Tribunal authority

8  Mid Term Exam

9  Refugee claims
The  Refugee Protection Division
Immigration  Refugee appeals
and Refugee
Board
 Refugee Appeal division
 Rules and guidelines
 Guides, policies, and rules
 Designated Representatives
 Forms and documents

10  Admissibility hearings
The  Immigration Division
Immigration  Detention Reviews
and Refugee
Board
 Rules and guidelines
Cont’d  Guides, policies, and rules
 Designated Representatives
 Forms and documents

11  Immigration Appeals
The  Immigration Appeal Division
Immigration  Remedies in administrative law
and Refugee
Board and
 Standards of review
Available  Relevant case law
Remedies  Judicial review
 Forms and documents

© 2019 5
 Course Outline
Administrative Law and Tribunals: IMM102

12  Documents and Forms – Refugee Protection

Applications Division
and Forms  Documents and Forms – Refugee Appeal
Division
 Documents and Forms – Immigration Division
 Documents and Forms – Immigration Appeal
Division

13  Research, develop, and implement a case

Researching, strategy
Developing,  Practice and prepare for mock hearing
and
Implementing a
Case Strategy

14  Conduct Mock Hearing

Mock Hearing

15
Final Exam  Final Exam

Course Information contained in this course outline is correct at the time of

Change publication. Content of the courses is revised on an ongoing basis to
ensure relevance to changing educational employment and marketing
needs. The instructor will endeavor to provide notice of changes to
students as soon as possible. Timetable may also be revised.

NOTE: The Daily Topical Coverage is provided as a guideline only.

Instructors may modify the flow as required to ensure proper
coverage.

© 2019 6