The office scheduling the hearing would need to create the judge as a resource. This is especially so if the judge in question is not already a resource for that office at the time. For completing this, the officers would need to follow the instructions given in the Global Case Management System (GCMS). When naming the resource, the officers would need to follow a specific naming convention. For instance, when naming the resource they would need to include the judge’s name, followed by a hyphen and the word ‘video’.
Officers would need to follow the normal procedures when they schedule the hearing. However, they would need to ensure that they associate the videoconference interview room and the judge to the hearing.
Thereafter, the officers would need to add the applicants to the event and record the appointment times etc. Officers might come across situations where the file does not have a consent form in it. In this scenario, the officers would need to add a consent form to the notice to appear.
In case the applicant responds, the officers would need to place the consent form on file. In the event that the applicant declines, the officers would need to cancel the appointment in MS-Outlook. Thereafter, they would need to remove the applicant from the hearing event. They would also need to place a note on the case in the Global Case Management System (GCMS).
Lastly, the officers would need to transfer the file to the judge’s office. For this, they would need to add the phrase ‘Attention: Videoconference Hearing File’ beneath the destination address. Receiving offices would need to ensure that they file this appropriately.
When the Applicant Arrives
The officers would need to send an e-mail to the judge when the applicant arrives. This e-mail would notify the judge about which applicant has appeared. Therefore, the e-mail must contain the following details about the applicant:
- The last name of the applicant
- The first name of the applicant and,
- The time of appointment
Situations could arise where officers come across applicants who are more than 10 minutes late. In this scenario, officers would need to ensure that the judge is still available before seeing such applicants.
The greeter would need to ensure that the applicant has a signed consent form. This is especially so in case the signed consent form is not on file. Thereafter, the greeter would need to fax the consent form to the judge. In some situations, the applicant might choose not to consent. In this scenario, the officers would need to inform the applicants that the authorities would reschedule them at a later date.
In some situations, the possibility could arise where an officer from Citizenship and Immigration Canada (CIC) has not seen the applicant previously. In this scenario, the applicants would need to go through an interview with a Citizenship and Immigration Canada (CIC) official prior to the hearing.
In addition, officers would need to complete Part B of the file requirement checklist (CIT 0508) and fax it to the citizenship judge. In some cases, concerns could arise during the interview, immediately prior to the hearing. In this scenario, the citizenship officers would not need to brief the judge prior to the start of the videoconference hearing.
In some situations, the applicant might prefer to use the services of an interpreter. In this scenario, the official would also need to ensure that the interpreter’s oath form (CIT 1-0117) is complete. Situations could arise where an applicant appears at a videoconference hearing with a considerable volume of supporting documents. In this scenario, the officers would need to advise the applicant that they would reschedule the hearing after the judge has had the time for reviewing the supporting material. This is in accordance with current practices. Thereafter, the officers would need to mail the supporting material along with the officer’s analysis to the judge. Alternatively, the officers could recall the file from the judge. Lastly, the officers would need to place a note in the Global Case Management System (GCMS). This note would serve to advise readers about the events that have transpired.
It is worth noting that there is no legal requirement for the individual to sign the attestation on the Notice to the Minister of the Decision of the Citizenship Judge (CIT 0053B). Therefore, the individuals could leave this section of the form blank.
Conducting the Hearing
In some cases, the judge might require additional supporting documents. In this situation, the applicant would need to send these supporting documents.
Once the hearing ends, the judge does not need to advise the applicant of the decision taken. Rather, the judge should merely state that the authorities would notify the applicants either by mail with a refusal letter. Or, the authorities could even send a convocation letter to a citizenship ceremony.
The citizenship judge would need to send an e-mail to the Citizenship and Immigration Canada (CIC) official. The citizenship judge would send this e-mail at the office where the applicant is located. The e-mail would serve to inform the Citizenship and Immigration Canada (CIC) official that the hearing has concluded. It would also inform the Citizenship and Immigration Canada (CIC) official about whether the judge has requested for any additional supporting documents from the applicant.
The Post-Hearing Process
The officers would also need to record the hearing event results. They would typically do this after the completion of all the scheduled hearings. The judge would usually have up to 60 days for rendering a decision by using the Notice to the Minister of the Decision of the Citizenship Judge (CIT 0053B). However, in some cases it is likely that the authorities know the decision at the conclusion of the hearing. In these cases, the officers have the authority to include the decision as part of the hearing result in the Global Case Management System (GCMS).
For non-approvals, the citizenship judge would need to prepare the non-approval letter, sign and date it. Thereafter, the officers would send the non-approval letter to the applicant via the assigned office by registered mail. The officers would also need to attach the non-approval letter to the Global Case Management System (GCMS). This is in accordance with current procedures. The officers would need to file non-approvals as per current practices. This is especially so until the appeal period has passed. Once the appeal period has passed, the officers would need to ship the file to the Case Processing Centre in Sydney for archiving.
In all cases, the officers would need to place the decision form along with the judge’s original signature on file. They would also need to place any supporting documents that the applicant had sent to the judge. In case the decision is positive, the officers would need to transfer the file back to the originating office. Thereafter, the file would await the assignation to an officer for a decision on the granting of citizenship. Once the applicant receive citizenship, the originating office would then need to schedule the applicant for a ceremony.
Source: Citizenship and Immigration
