ASSIGNMENT : To prepare Memorandum of Law

Purpose of Assignment:To demonstrate an ability to conduct legal research and prepare Memorandum of Law.

Guidelines:

This assignment is to be done individually. Do not copy from a classmate and do not share your answers.See the "Welcome & Important Information" handout for the consequences of violating the academic integrity guidelines.

The Task:

To take instructions from a principal

To conduct legal research

To prepare a Memorandum of Law, based upon samples provided in the textbook, c15

Format and Marks

In addition to the content of your paper you will be marked on:

1 mark

Following instructions

Spelling, grammar and neatness

Use the following format/headings in your Memo:

1 mark

Heading

1 mark

Introduction

2 marks

Facts

5 marks

Issues - in separate numbered paragraphs:

Issue No. 1 Issue No. 2 Issue No. 3 Issue No. 4 Issue No. 5

5 marks

Law/Discussion - in separate numbered paragraphs corresponding to the issues

5 marks

Conclusions - in separate numbered paragraphs corresponding to the issues

Fact Situation:

You are a regulated immigration consultant in the employ of the law firm of Howe, DiCicco& Hafez.You have been asked to prepare a Memorandum of Law to assist the firm in their representation of a client in an immigration matter before the Immigration Appeal Division of the Immigration and Refugee Board.

The information below has been provided to you by your instructing principal,Helen Howe, in the form of the memo found below.

Memo

To: Immigration Consultant

From: Helen Howe

Re: Diaz Immigration Appeal

Please prepare a Memorandum of Law with respect to the fact situation below.Except where I have indicated otherwise, provide references to statutes, regulations and case law.

The client's name is Amina Nehir Diaz. Amina is a 31-year old citizen of Canada. While visiting Barbados a couple of years ago, she met and fell in love with a 31-year oldbandleader, Geraldo Diaz. They were married at the Bridgetown City Hall in a simple ceremony held on June 12, 2015.

Amina is an individual of financial means and, initially, she desired to live in Barbados with Geraldo while he pursued his music career. However, they decided tomove to Canada.Amina offered to sponsor Geraldo for permanent residence status.

Amina flew back to Canada about a week after the marriage. Geraldoaccompanied her and entered Canada as a visitor.A couple of weeks later, Geraldoreturned to Barbados.Amina immediately filed an application to sponsor Geraldo as a permanent resident, and Geraldo filed his application for permanent residence from Barbados.

Thinking that it was a simple process, Amina did not retain the services of an immigration consultant or a lawyer. ]'

A few weeks later, Amina learned that she was pregnant withGeraldo's child.She and Geraldo were both very excited.

Unbeknownst to Amina, Geraldo had a criminal conviction in Barbados about twelve years before on a fraud-related offence.If Geraldo had been convicted of this offence in Canada, he would have been liable to a maximum prison term of seven years.His sentence in Barbados was 3 years in prison which he completed in February 2006.

In addition, while in Canada after their marriage, Geraldo was charged by the Toronto Police with two indictable offences for which the maximum penalty was 8 years. Geraldo had apparently become involved in a scheme with some former Cuban nationals to fraudulently re-label Peruvian cigars as Cuban and to sell them to unsuspecting buyers.Amina did not know about these charges at the time of filing her sponsorship application.

Geraldo's application for permanent residence was denied by the IRB on the basis of criminality relating to both the charges in Toronto and the conviction in Barbados.

Subsequent to the application being turned down, the charges in Toronto against Geraldo were withdrawn (i.e., dropped) without the case ever going to court.Consequently, Geraldo does not have a criminal conviction or criminal record in Canada.The charges were dropped because Geraldo apparently had agreed to co-operate with the police and to act as an informant against his co-conspirators.In exchange for this, the police asked the Crown Attorney to withdraw the charges.

There are five issues that require your research.Please make sure that, in your Memo, you review and analyze each issue by its number (i.e., Issue 1, Issue 2, etc.)

1.We want to know whether there is a right under the legislation and regulations to appeal the denial of Gerardo's application for permanent resident status.Would the answer be the same if Gerardo's application had been filed in Canada?No case law onthis point is required.

2.We want to determine if a criminal conviction in Barbados for an offence for which the convicted person is liable to a maximum prison term of seven years is a basis under the legislation for a permanent residence application to be denied.Nocase law on thispoint is required.

3.If a criminal conviction in Barbados, as described in Issue 2 above is a basis for denying a permanent residence application, is there any provision in the Act that would still enable the application to be granted in Geraldo's case?No case law on this point isrequired.

4.Were the charges in Toronto a valid basis under the Immigration and Refugee Protection Act and/or Immigration and Refugee Protection Regulations for denyingGeraldo's permanent residence application?If the charges in Toronto were a valid basis for denying Geraldo's permanent residence application, what argument can be made on the appeal? Please include case law in your analysis.

5.At the upcoming appeal hearing, Amina has a concern about Geraldo testifying publicly about being a police informant.She fears that his life will be in danger or his well-being will be at risk if his role helping the police becomes public.Therefore, we want to know if the hearing can be held in private or, as they say in the legal community, "in camera." In other words, we would like the hearing to be conducted in the absence of the public.

Make sure that you take a look at the Immigration and Refugee Protection Act and at the Immigration Appeal Division Rules.In addition, I understand that are at least a couple of cases that might assist with respect to this issue.Please include them in your Memorandum.