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Syllabus - ICL 860 Refugee Protection F21

Information Evaluation Communication Policies

Information

 COURSE DESCRIPTION

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This course examines the legal framework for Canada’s refugee and complementary protection programs,
including a comprehensive analysis of statutory eligibility provisions, as well as the inclusion and exclusion
elements of the refugee definition and related case law. Learners will engage with the rules, policies and
procedures of both the Refugee Protection Division and the Refugee Appeal Division of the Immigration
and Refugee Board and gain the practical skills needed to represent clients in all phases of status
determination procedures. A dedicated module will examine the impact of trauma on the legal indicators
of credibility and equip learners with practical strategies for representing survivors of violence and
trauma. Finally, the course situates Canadian refugee law in its global context and encourages critical
appraisal of both Canadian policies and international efforts to regulate and control asylum flows.

 PRE-REQUISITE KNOWLEDGE/CO-REQUISITE REQUIREMENTS

This course is offered in the second term of study for the Graduate Diploma in Immigration and
Citizenship Law. Its prerequisites are ICL 810 – Foundations of Canadian Immigration Law and ICL 820 –
Ethics and Professional Responsibility.

 COURSE LEARNING OUTCOMES (CLO)

Upon successful completion of this course, you will be able to:

Explain the grounds and procedures for becoming a protected person in Canada, as well as the
1. international law foundations and context for refugee protection.

Interpret, apply, and critically evaluate the grounds and procedures, as well as related case law,
2. for becoming a protected person in Canada.

Locate, apply, and interpret statutory frameworks, regulations, divisional rules, guidelines or
3. other policy instruments as well as related case law governing refugee protection claims in
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other policy instruments, as well as related case law, governing refugee protection claims in
Canada.

Identify the issues in a client’s application or claim for protected person status and develop, then
4. execute, an action plan to address the needs of their case in light of divisional timelines, forms,
rules, practice notices and policies.

Read and analyze refugee-related case law, and conduct case-law and other research related to
5. refugee law necessary to advance a client’s case.

Provide clients with effective, trauma-informed advice while gathering evidence, preparing
6. submissions, preparing for hearings, or providing other services.

Communicate and/or advocate effectively in written and oral formats with clients, government
7. agencies, and tribunals in matters related to refugee law in Canada.

Recognize and respond appropriately to ethical and other distinctive client-service issues,
8. including trauma-related issues, that may be encountered in refugee law files.

 COURSE MATERIALS

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Required Texts

The required texts for this course are:

Chantal Desloges & Cathryn Sawicki, Canadian Immigration and Refugee Law: A Practitioner's
Handbook, 3rd Edition (Emond Publishing, 2020)

David Matas & Gentiana Morina, Canadian Refugee Protection Law Guide, chapters 3,4, 5, 6, 8 & 9
(Emond Publishing, 2021)

JoAnn Kurtz, Ashlyn O'Mara & Arlene Blatt, Advocacy for Paralegals, 2nd Edition, Chapters 7, 11 and
14 (Emond Publishing, 2016)

Liz Nastasi, Deborah Pressman & John Swaigen, Administrative Law: Principles and Advocacy, 4th
Edition, chapters 8-11 (Emond Publishing, 2019)

Arlene Blatt & JoAnn Kurtz, Legal Research: Step by Step 5th Edition (Emond Publishing, 2020)

Douglas Cochran, Interviewing Skills for Legal Professionals, 2nd Edition (Emond Publishing, 2018).

Custom versions of the above noted texts are available in digital format for GDipICL students. Please
refer to the publisher's website for more information.

Other Materials
All other course materials for this course are posted on the course onQ website.

 COURSE TOPICS

Module 1: Introduction to Refugee Law

This one-week module begins with a survey of the history of international refugee law and the refugee
protection regime in Canada. It then moves on to providing a broad overview of different avenues of
applying for refugee protection in Canada: resettlement from abroad; inland claims before the
Immigration and Refugee Board; and pre-removal risk assessments It outlines the key actors and
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Immigration and Refugee Board; and pre removal risk assessments. It outlines the key actors and
decision-makers, as well as the rights of foreign nationals before and after the process of applying
for refugee protection. Finally, it includes videos of practitioners speaking to the challenges of embarking
on a career representing refugee claimants.

Module 2: Refugees Protection Claims in Canada

This one-week module introduces learners to the process for making refugee protection claims before
the Refugee Protection Division, or RPD, and Refugee Appeal Division, or RAD. It begins by examining the
power of immigration officers to decide on a claimant’s eligibility to make a claim. It takes you through
the legislative framework in the Immigration Refugee Protection Act, or IRPA, for the RPD and RAD. A
significant focus of the module is also the guidelines, rules, and forms essential to practice before the RPD
and RAD. The tutorial for this module includes a guest speaker from the RPD, who will speak to the
importance of knowing and following the RPD and RAD Rules.

Module 3: Convention Refugees, Persons in Need of Protection, and Exclusion

This two-week module examines the criteria for receiving refugee protection under sections 96 and 97 of
the IRPA. We will read case law and guidance on the different criteria for applying these provisions,
focusing on each element for either provision – such as the meaning of “persecution”, the nexus
requirement, the requirement to rebut the presumption of state protection, the definition of torture, and
more. The burden of proof and legal tests will also be covered. Beyond these substantive legal aspects, we

will discuss strategies to gather evidence to support your client’s claim and to put together a Basis of
Claim form, as well as how to work with the general country information found in the IRB’s National
Documentation Packages.

Module 4: Exclusion

This module covers the grounds for granting refugee protection. Module 4 looks at the grounds

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for excluding a claimant from refugee protection under two exclusion clauses directly incorporated into
the IRPA from the 1951 Convention relating to the Status of Refugees. These are article 1E, which excludes
persons from refugee protection if they have rights akin to a permanent resident in some third country,
and article 1F, which excludes persons from refugee protection for various forms of serious domestic and
international criminality. We will at the case law and other material discussing articles 1E and 1F. Finally,
we will also examine the RPD and RAD rules governing ministerial interventions.

Module 5 – Trauma-Informed Client Service

This module provides best practices for serving clients, with a focus on recognizing and responding to
indicators of trauma. The module will focus on ways of avoiding credibility traps: eliciting narratives from
clients (open-ended questioning, active listening), preparing, and amending forms, and disclosure of
evidence. Learners will study the IRB’s guidelines regarding vulnerable persons, as well as good practice
for representing different kinds of vulnerable claimants, such as the mentally ill, minors, women who have
suffered gender-related persecution, claimants who have suffered persecution due to sexual orientation
or gender identity, some elderly claimants.

Module 6: Proceedings before the Immigration and Refugee Board

This module introduces you to actual practice before the RPD and RAD. The module continues with the
study of the RPD and RAD rules (after this module, you will have studied almost all of them). It also
reviews the statutory framework for the two divisions first seen in Module 2, and includes a refresher on
the principles of procedural fairness which you studied in ICL 810 – Foundations of Canadian Immigration
Law. Finally, the Module takes you to two keystone assignments. First, based on the video of a mock
hearing and documents, you will have to prepare and deliver oral submissions. Next, you will be given the
RPD decision for the claim and you will be asked to prepare an appeal, to be due at the end of the course.

Module 7 – Resettlement and The Rights of Protected Persons in Canada

This module first covers the statutory framework for refugee resettlement, as well as related policy
documents. Second, it examines the rights of refugees during the claims process or after being granted
refugee protection in Canada. Such rights include access to study or work permits, as well as the right to
apply for permanent residence in Canada. Finally, it examines ways of losing refugee protection after it
has been granted, including through “cessation” under section 108 of the IRPA and “vacation” under
section 109. We will read case law on cessation and vacation, as well as related rules.

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 TIME COMMITMENT & MANDATORY TUTORIALS

This course is offered on an intensive basis and spans a study period of eight weeks. Participants can
expect to invest on average 10-12 hours per week in this course. Students are required to attend and
participate in tutorials of between 90 and 120 minutes each week. Learners who adhere to a pre-
determined study schedule are more likely to successfully complete the course.

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Evaluation

ASSESSMENT WEIGHTING

Assessment Weight

Assignment 1: Mapping out a Basis of Claim narrative (Module 3) 10 %

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Assignment 2: Legal research assignment on exclusion case law (Module 10 %
4)

Assignment 3: Oral advocacy assignment – RPD Hearing submissions 15 %

(Module 6)

Assignment 4: Legal research & writing assignment – RAD Appeal 20 %

(Module 6)

Quizzes (2) 30 %
Mid-term & Final (2 X 15%)

Engagement 15 %

 ASSESSMENT DESCRIPTIONS

Assignment 1: Mapping out a Basis of Claim narrative (Module 3)

The Basis of Claim form is the key document for any refugee protection claim before the Refugee
Protection Division, or RPD, and Refugee Appeal Division, or RAD. Working with the transcript of an
interview with a client, you will be required to develop a 1-page outline for a Basis of Claim “narrative” –
i.e., the story of why a claimant is seeking protection – as well as a list of issues to follow up. The
assignment tests your ability to apply the legal criteria for receiving refugee protection when dealing with
a set of messy facts. You will be evaluated on your choices regarding what to include, measured against the
legal criteria for sections 96 and 97 of IRPA, as well as your identification of issues that need to be
clarified
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clarified.

Assignment 2: Exclusion (Module 4)

Exclusion is a difficult and frequently changing area of refugee law, for which the ability to do legal
research will often be vitally important. Based on a scenario, you will have to prepare a 4-page written
submission on whether a claimant should be excluded from refugee protection. The assignment will
require you to apply the law to a set of facts, as well as to do case law research. Your grade will be based on
your ability to work with the facts to craft a persuasive argument; your mastery of the case law; and
additional legal research.

Assignment 3: (Oral Advocacy) RPD Hearing Submissions (Module 6)

Oral advocacy before the RPD or RAD is a key competency for immigration consultants. For this
assignment, you will be presented with a set of documents for a claim, as well as videos of a mock RPD
hearing for that claim. Based on this material and the law you have learned in previous modules; you will
be required to prepare a 2-page written submission on behalf of the claimant. You will also be required to
deliver and record a 2–3-minute segment of the submissions. The assignment will be evaluated on your
persuasiveness, in light of the evidence and applicable law.

Assignment 4: (Legal Research & Writing) RAD Appeal (Module 6)

You will be asked to prepare a Notice of Appeal and Appellant’s Record for an appeal to the RAD of a
negative decision in a client’s claim. You will be required to read and identify weaknesses in an RPD
decision and develop arguments as to why the decision should be set aside. This will require in-depth
engagement with the evidence, including new evidence, as well as with the law. Your assignment will be
graded on the persuasiveness of your argument and your conformity with the RAD Rules. It will be due
following the course.

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Mid-Term (End of Module 3) and Final (End of Module 7) Quizzes
Quizzes worth 15% each will be administered at the end of Module 3 (the mid-point of the course) and
Module 7 (the end of the course). Each quiz will consist of 30 multiple choice questions. The final quiz only
covers the second half of the course.

Engagement
In addition to the extensive knowledge required of immigration consultants, this program emphasizes
essential skills and values required of RCICs (Regulated Canadian Immigration Consultants), including
critical thinking, communication skills, professionalism, and reflective practice.

You will prepare a final reflection and self-assessment to consider your engagement qualitatively. You
should include all your learning, including group collaboration and ungraded activities as you present
evidence of your Engagement with the course. Your instructor will consider your self-assessment to
determine the final engagement score, with other available evidence.

Please see the complete Engagement instructions for this course available on onQ.

 LATE POLICY/MISSED TUTORIALS

A student who claims illness or compassionate grounds as the reason for missing tutorials, or deadlines for
assignments, or other activities, is responsible for making alternative arrangements with the instructor(s)
concerned for extensions or other consideration.

Please include your full name, student number, and the reason for your absence or missed deadline in the
message to your instructor(s). You may be required to provide valid documentation (i.e., a doctor’s note,
death certi cate, court/legal documentation, etc.) before alternative arrangements can be made. In the
absence of substantiating documentation, the normal late penalty will apply as described in the
assignment instructions.

Students who miss tutorials are required to view the video recording of the session and submit a one page (250
word) brief that includes both a summary of the session and a critical re ection within seven days after the
missed session or such other date as approved by the instructor.

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 GRADING

Assessments in this course will receive numerical scores or percentage marks. The final grade you receive
for the course will be derived by converting any numerical grades to letter grades according to Queen’s
Official Grade Conversion Scale and may be adjusted according to the Queen’s Law Grading Policy.

 FEEDBACK

You will be provided with feedback on assessments/activities through various means in this course. For
assessments requiring feedback from the instructor, you can typically expect to receive the feedback
within seven days of the due date.


ACCESSING YOUR FINAL GRADE

Your final grades will be published on SOLUS. Official transcripts showing final grades will be available on
the Official Grade Release Date. Please note that in official transcripts, a mark of IN (incomplete) is
considered a grade, and your transcript is released with this grade.

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Communication

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QUESTIONS ABOUT COURSE MATERIAL

Questions or comments regarding the course material should be posted in the discussion forums on the
class website.

There are specific forums dedicated to technical support and module content. The course instructor and
students are encouraged to answer these questions directly in the discussion forum for the benefit of
everyone in the course.

Course instructors will be checking and responding to the Q&A forums on a daily basis.

 COURSE ANNOUNCEMENTS

The instructor will routinely post course announcements in the Announcements section on the course
homepage. Please sign up to be automatically notified by e-mail or text message when new information is
posted. Instructions to assist you in setting up and modifying your email & SMS course notifications are
found in the Start Here module.

 CONFIDENTIAL MATTERS

If you have a confidential matter you would like to discuss with your instructor, their contact details are on
the first page of this document. As a general rule, you can expect e-mail replies within 24 hours.

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 QUEEN'S E-MAIL

The university communicates with students via Queen’s e-mail. Please check your Queen’s e-mail
regularly to ensure you do not miss important information related to your course. Please ensure you use
your Queen’s email to login to all synchronous tutorials and tutorials.

 COURSE FEEDBACK

During the course, you may be asked to take part in a variety of feedback activities, such as
questionnaires, exit tickets, and surveys. This feedback enables the instructional team to make any
adjustments necessary to improve the learning environment. Surveys administered throughout the
course are anonymous and directly related to activities, assessments, and other course material.

Your input is essential for maintaining and improving the quality of this course for future offerings. Please
e-mail additional comments to your instructor at any time.

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Policies

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 ACADEMIC POLICIES

GDipICL students are enrolled in the School of Graduate Studies at Queen’s University and are therefore
subject to the policies, regulations, and requirements of both the School of Graduate Studies and Queen’s
University.

GDipICL students are also subject to the policies, regulations and requirements of the GDipICL. The
GDipICL Handbook of Academic Regulations, Policies and Procedures is posted in onQ. It is the
responsibility of every student in the GDipICL to read and understand the GDipICL Handbook. Students
should pay particular attention to policies concerning program curriculum and grading, academic integrity,
conduct, and academic decision and appeals.

 TURNITIN STATEMENTS

This course makes use of Turnitin, a third-party application that helps maintain standards of excellence in
academic integrity. Normally, students will be required to submit their course assignments through onQ
to Turnitin. In doing so, students’ work will be included as source documents in the Turnitin reference
database, where they will be used solely for the purpose of detecting plagiarism.

Turnitin is a suite of tools that provide instructors with information about the authenticity of submitted
work and facilitates the process of grading. Turnitin compares submitted files against its extensive
database of content, and produces a similarity report and a similarity score for each assignment. A
similarity score is the percentage of a document that is similar to content held within the database.
Turnitin does not determine if an instance of plagiarism has occurred. Instead, it gives instructors the
information they need to determine the authenticity of work as a part of a larger process.

Please read Turnitin’s Privacy Pledge, Privacy Policy, and Terms of Service, which governs users’
relationship with Turnitin. Also, please note that Turnitin uses cookies and other tracking technologies;
however, in its service contract with Queen’s Turnitin has agreed that neither Turnitin nor its third-party
partners will use data collected through cookies or other tracking technologies for marketing or
advertising purposes. For further information about how you can exercise control over cookies,
see Turnitin’s Privacy Policy.
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Turnitin may provide other services that are not connected to the purpose for which Queen’s University
has engaged Turnitin. Your independent use of Turnitin’s other services is subject solely to Turnitin’s
Terms of Service and Privacy Policy, and Queen’s University has no liability for any independent
interaction you choose to have with Turnitin.

 COPYRIGHT AND RECORDING

All tutorials are automatically recorded and will be available to enrolled students here. Course materials,
including all recordings, text-based instructional materials, assessments, electronic mail correspondence,
digital captures, discussion or chat threads, are the intellectual property of the instructor or the course
developer. Personal recordings of tutorial sessions are not permitted without the express written
permission of the instructor. It is a departure from academic integrity to distribute, publicly post, sell or
otherwise disseminate course materials or to provide course materials to anyone else for distribution,
posting, sale or other means of dissemination, without the express consent of the copyright holder(s). A
student who engages in such conduct may be subject to penalty for a departure from academic integrity
and may also face adverse legal consequences for infringement of intellectual property rights.

 ACCESSIBILITY AND ACCOMMODATIONS

Queen's University is committed to achieving full accessibility for people with disabilities. Part of this
commitment includes arranging academic accommodations for students with disabilities to ensure they

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have an equitable opportunity to participate in all of their academic activities. If you are a student with a
disability and think you may need accommodations, you are strongly encouraged to contact the Queen's
Student Accessibility Services (QSAS) and register as early as possible. For more information, including
important deadlines, please visit the QSAS website.

Every effort has been made to provide course materials that are accessible. The course website in onQ is
powered by the D2L Brightspace learning environment that complies with common accessibility
standards. If you find any element of this course difficult to access, please discuss with the course
facilitator how you can obtain an accommodation.

Students with course accommodations should contact the the GDipICL Program Coordinator
immediately following registration to inform them of any accommodations to their timed assessments
and/or final exam(s).

 ACADEMIC AND STUDENT SUPPORT

Queen’s has a robust set of supports available to you including the Library, Student Academic Success
Services, and Career Services. You are encouraged to visit the relevant websites to learn more about
these support services.

 TECHNICAL SKILLS AND SUPPORT

No specialized computer-related technical skills are required for this course. Please consult: IT Services
Recommended Technology Requirements. If you require technical assistance, please contact Law IT
support: [email protected].

 STUDENTS OUTSIDE CANADA

Students outside of Canada for any duration of the term should be advised that, in the past, students
overseas have been blocked from accessing certain websites relevant to their courses, as well as onQ. If
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o e seas a e bee b oc ed o access g ce ta ebs tes e e a t to t e cou ses, as e as o Q.
your course requires the completion of online quizzes, inability to access course materials may pose an
impediment to your success in completing the course. We do not make accommodations based on the lack
of reliable Internet access. You are responsible for making sure you have adequate high-speed Internet
coverage for the entirety of the term.

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