CGMP Ethical Practices & Human Rights in Migration 2 — Questions and Answers
Question 1: Which international instrument establishes that no one shall be expelled from a country of which they are a national?
- International Covenant on Civil and Political Rights (ICCPR) (Correct answer)
- Convention Relating to the Status of Refugees
- UN Convention Against Torture
- International Convention on the Protection of All Migrant Workers
Correct answer: International Covenant on Civil and Political Rights (ICCPR)
Article 12 of the ICCPR prohibits the arbitrary expulsion of nationals from their own country.
Question 2: A migration consultant discovers their client provided false information on an application already submitted. What is the ethically correct first step?
- Submit an amendment correcting the record immediately (Correct answer)
- Advise the client to withdraw the application
- Inform the immigration authority without consulting the client
- Continue representing the client without disclosing the error
Correct answer: Submit an amendment correcting the record immediately
Professional ethics require correcting misrepresentations on the record as soon as they are discovered, maintaining candor with authorities.
Question 3: The principle of 'non-refoulement' under the 1951 Refugee Convention is best described as:
- Prohibition on returning a person to a territory where they face serious harm (Correct answer)
- Obligation to grant asylum to all asylum seekers
- Right of refugees to travel freely between signatory states
- Duty to provide resettlement in a third country
Correct answer: Prohibition on returning a person to a territory where they face serious harm
Non-refoulement prohibits returning a refugee to any place where their life or freedom would be threatened on Convention grounds.
Question 4: Under the UN Guiding Principles on Business and Human Rights, which obligation does a migration consultancy firm hold?
- A responsibility to respect human rights and avoid adverse impacts (Correct answer)
- A legal duty to remedy all human rights violations in destination countries
- An obligation to lobby governments on immigration policy
- A requirement to provide free legal services to undocumented migrants
Correct answer: A responsibility to respect human rights and avoid adverse impacts
The Guiding Principles place a responsibility on businesses to respect human rights through due diligence, distinct from state duties to protect.
Question 5: When a migrant client's instructions conflict with the professional's legal obligations, the migration professional should:
- Comply with legal obligations and explain the conflict to the client (Correct answer)
- Follow client instructions as professional loyalty is paramount
- Withdraw from representation without explanation
- Refer the matter to a non-regulated advisor
Correct answer: Comply with legal obligations and explain the conflict to the client
A professional's duty to comply with law and ethical rules supersedes client instructions, and the client must be informed of the conflict.
Question 6: Which body monitors state compliance with the International Convention on the Protection of All Migrant Workers and Members of Their Families?
- UN Committee on Migrant Workers (CMW) (Correct answer)
- UN High Commissioner for Refugees (UNHCR)
- International Labour Organization (ILO) Governing Body
- UN Human Rights Council Universal Periodic Review
Correct answer: UN Committee on Migrant Workers (CMW)
The Committee on Migrant Workers (CMW) is the treaty body established to oversee implementation of the 1990 Migrant Workers Convention.
Question 7: A client who entered a country without authorization requests assistance legalizing their status. Ethically, the migration professional should:
- Assess available legal pathways and advise honestly about risks and prospects (Correct answer)
- Decline representation because unauthorized entry is unlawful
- Advise the client to self-deport before seeking lawful admission
- File any available application regardless of merit to delay removal
Correct answer: Assess available legal pathways and advise honestly about risks and prospects
Ethical practice requires honest assessment of legal options and risks without abandoning clients solely because of prior unauthorized status.
CGMP Ethical Practices & Human Rights in Migration 2
Which international instrument establishes that no one shall be expelled from a country of which they are a national?