Assignment 2

The Designated Representative

Canadian Immigration and Refugee Law

IMM101

Student First Name: Jai Karan

Student Last Name: Korpal

Student ID Number: 664213692

Instructor Name: Jessica Meza

Date: July 10th, 2020

Instructions: 1. Read instructions carefully.

2. Due date: July 12th, 2020

RESULTS:

TOTAL: /25
Canadian Immigration and Refugee Law (IMM101) Assignment 2 – Page 2 of 3

INSTRUCTIONS:
1. Why are Designated Representatives required at the IRB? 6 Marks; 120-150 words

The IRB requires appointment of a designated representative where the person who is the subject
of the proceedings is: -

 a child under the age of 18 (a minor); or

 an adult who is unable to appreciate the nature of the proceedings.

The designated representative is responsible for protecting the interests of the minor or the
person who is unable to appreciate the nature of the proceedings, as well as explaining the
process to them.

In the case of a minor, the designated representative is usually the child's parent, although another
family member, a legal guardian, a friend, or a worker from an agency that provides such services
can also act as a designated representative. In the case, a person is unable to appreciate the
nature of the proceedings, the designated representative can also be a family member, a friend or
a worker from an agency providing such services.

WC: 149

2. What are the requirements for a person to be designated as a Designated Representative? 4

Marks; 55-65 words

To be designated as a representative for IRB, a person must

 be 18 years of age or older.

 understand the nature of the proceedings before the IRB.

 be willing and able to act in the best interests of the minor or the person who is unable to
appreciate the nature of the proceedings.

 not have interests that conflict with those of the person you represent.

WC: 65

© 2019 July 10,2020

Canadian Immigration and Refugee Law (IMM101) Assignment 2 – Page 3 of 3

3. What are the responsibilities of a Designated Representative? 6 Marks; 100-115 words

Responsibilities for a designated representative include the following:

 deciding whether to retain counsel and, if counsel is retained, instructing counsel or

assisting the represented person in instructing counsel.

 making other decisions regarding their case or assisting them to make those decisions.

 informing them about the various stages and procedures in the processing of their case.

 assisting in gathering evidence to support their case and providing evidence and being a
witness at their hearing if necessary.

 protecting their interests and putting forward the best possible case to the Division; and

 informing and consulting them to the extent possible when making decisions about their
case.

WC: 103

4. How may the role of a Designated Representative vary? 5 Marks; 100-125 words

The designated representative should inform and consult the minor or the person who is unable to
appreciate the nature of the proceedings when making decisions about their case. However, the
role of the designated representative may vary, depending on the level of understanding of the
minor or the person who is unable to appreciate the nature of the proceedings.

Minors will vary in their ability to participate in making decisions, depending on the type of
decision that must be made, their age and their maturity. Persons who are unable to appreciate
the nature of the proceedings may also have some ability to participate in making decisions,
depending on the type of decision that must be made and the nature and severity of their
impairment.

WC: 124

© 2019 July 10,2020

Canadian Immigration and Refugee Law (IMM101) Assignment 2 – Page 4 of 3

5. Is a Designated Representative the same as Counsel? Explain. 4 Marks; 80-100 words

A designated representative is not the same as counsel.

The Designated Representative must meet the minor or the person who is unable to appreciate
the nature of the proceedings as early as possible in the process to explain the role and
responsibilities and to begin to assist them with their case. The designated representative's role is
to help that person understand the process and make decisions in their best interests. For
example, the designated representative should help them retain and instruct counsel. The
designated representative can be a family member or someone else who knows the person.

WC: 97

© 2019 July 10,2020

End of Assignment