Combined event: Detention and H&C

Seminar ID
Date and time
Friday, October 25, 2013 at 13:00 EDT   see it in calendar
Daniel Kingwell
Daniel Kingwell
presenter's bio
Joel  Sandaluk
Joel Sandaluk
presenter's bio
  • recording
  • in English
CPD hours
ICCRC 6 CPD hours available until: 06.07.2017
LSUC 0.75 Professionalism hours - Validity of the recording expired on: 24.10.2016 , 6.25 Substantive hours
LSBC 6 CPD hours - Validity of the recording expired on: 30.12.2014
Barreau du Québec 6 CPD hours - Validity of the recording expired on: 10.10.2015

Morning session:

Representing client in Detention Review hearings before the Immigration Division (Joel Sandaluk)

• Who is typically detained and why
• What can you do to avoid your client having taken into immigration custody
• How can you best represent your client before the 48 hours Detention Review hearing
• Where are clients detained and why?

Detention Review hearings:
• what is the process and what are the legal tests involved
• what are the relevant considerations of board members
• who is a suitable bonds person and how is a bonds persons’ solvency calculated

Evidence at a Detention Review hearing:
• The outcome of a Detention Review hearing and how to execute an order for release
• Special cases related to immigration arrest and detention
 Long-term detention cases
 Security cases
 Identity cases

Ethical considerations:
• What does it mean that arguments are made based upon ‘information and belief’?
• What information must be disclosed?
• What does it mean to ‘indemnify’ a bondsperson?
• Competency

Afternoon session:

Two perspectives on Humanitarian and Compassionate Applications (Joel Sandaluk and Daniel Kingwell)

• What is the purpose of Humanitarian and Compassionate cases
• How is the evidence best presented in a Humanitarian and Compassionate Application and what are the most effective ways to draft legal submission
• What are the frequent pitfalls of Humanitarian and Compassionate Applications and primary grounds of refusal
• When and how should a Temporary Residence Permit be requested as an alternative to a Humanitarian and Compassionate Application
• When should Humanitarian and Compassionate Application be submitted
• How does the decision making at the Federal Court differ from the decision making made by immigration officers related to Humanitarian and Compassionate Applications
• Review of Federal Court jurisprudence concerning H&C applications

Ethical considerations
• Case assessment - merits
• Questions of competence and negligence
• Managing client’s expectations
• Duty to the client and to the Tribunal

Homewood Suites by Hilton Vaughan
618 Applewood Crescent
L4K 4B4

Capacity: 60
6 hours
  • regular fee - $ 150.00


Please note that speakers and topics were confirmed at the time of publishing; however, circumstances beyond the control of the organizers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. IMEDA reserves the right to alter or to modify the advertised speakers and /or topics, if necessary. Any schedule substitutions or alterations will be updated on the IMEDA website as soon as possible and all registrants will be notified by e-mail.