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Detention reviews in Canada : a practical handbook on law, procedure, and practice for lawyers, law students, and immigration consultants

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  • Author: Napal, Raj
    Date:
    Created
    2019
    Summary:

    The handbook covers the essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division. The case study of Alfred Blake provides practical insight on all the preparation work that is necessary in order to present a powerful case for the release of the detainee. There is an analysis of detention review transcripts with review questions, so the reader can understand and tackle some of the difficulties that are involved in these cases. The chapter on advocacy provides a short refresher on the essential rules of questioning of witnesses, oral submissions and etiquette in the Immigration Division. There is a chapter in the book that deals with the solvency tests that the CBSA will use to decide whether to physically release the detainee after the member of the division makes a release order. There are also handy resources in a chapter in the book to help the impecunious detainee reach out for free government subsidized legal help and representation. The chapter on appeals will give the representative the knowledge and tools to challenge detention decisions of the Immigration Division. The final chapter focuses on recent developments, including a detailed examination of the 2017 Laird Report, which highlights deficiencies in the detention review process and makes some well-needed recommendations. The appendices provide useful precedents and templates that are consistently used in detention review cases as well as essential source materials from legislation and regulations. Important precedents on how to draft retainers and affidavits are also included. This handbook is aimed to be a one-stop comprehensive legal resource on detention reviews in Canada.

    Original Publisher: Edmonton, Alberta, Brush Education
    Language(s): English
    ISBN: 9781550598186
    Collection(s)/Series: Read Alberta Ebooks