Canadian Immigration and Citizenship Law - Final Legal Research and Writing

Introduction

An understanding of basic concepts in legal research, reasoning, and writing should be demonstrated, and the understanding will be applied to create a brief written submission on a single factor in a humanitarian and compassionate application.

A firm has asked someone who is a newly licensed immigration consultant working with others to assist Mrs. Maryam Tannous with an inland application for permanent residence based on humanitarian and compassionate grounds. Mrs. Tannous has already been interviewed and has provided her?affidavit (Attached file). A written submission letter should be prepared in support of the client's application for permanent residence based on H&C grounds. Basic case law research, guided by the instructions, to support the legal argument should be conducted. Then, the CREAC structure should be used as a basis for organizing the argument. The written submission will focus on a single issue: hardship based on an inability to access adequate care (medical, personal). There are, in fact, other factors that may be important in this application, but for this content, focus only on the element of hardship.?

Overall, the best submission is one that is complete, well-organized and visually appealing. The submission will be assessed on whether it presents a clear and persuasive legal argument based on the facts of the client's case as given to the mentioned person, the legal issue he/she identifies, and the relevant law as applied to the facts.

As a note, Use only the facts presented in the affidavit in the written submission.?Do not add or make up any facts that were not in the affidavit.

Overview

When drafting the written submission, use the legislation, relevant government policy, and relevant case law identified in the research to interpret and apply the legal principles around assessing H&C applications on the single issue identified as it relates to the client's circumstances.

Instructions

Research and reason before the begin to write:

1. Carefully review the client's affidavit and the following materials:
   • IRPA s 25(1)
   • Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61
2. Consult secondary sources relevant to H&C applications and the assessment of H&C factors, particularly those relating to hardship, to help orient you to the law.
3. Identify relevant policy documents on H&C considerations/processing H&C applications.
4. Locate an authoritative case that interprets the legal principles around the assessment of hardship due to the need for care (medical and personal). Use this strategy for search:

• Navigate to CanLII. Note-up?IRPA?sections 25 and 25(1) (choose both from the drop-down menu).
• Filter appropriately for jurisdiction and Federal court cases (not tribunal decisions). Filter by time period is not needed.
• Keyword search-within the results using any of the following keywords, in any combination, in any order, and with any Boolean operators you wish: guidelines, hardship, elder, health, mobility. You may iterate through several searches until you are satisfied with the results.
• Review the results. When a relevant case is found, ensure that a precise record of the search, revealing it through click path notation, is created. The record should be detailed enough that another researcher could replicate exactly what was done and obtaining exactly the same results.
• Choose only one case from the results to use in the argument. Choose the case that you feel is authoritative and most relevant to the client's issue. Use only this one case in the written submission (in addition to Kanthasamy). Be sure to cite the case correctly.

Draft written submission

1. Using this?Template, draft a written submission in CREAC format based on the client's facts as set out in her affidavit; the relevant law and policy; the leading case law on H&C considerations; and the case you found in the research.
2. Include an appendix listing the evidence you would obtain and submit if you were actually arguing the issue identified. Keep in mind that the evidence should support any facts that you assert to be true in the submission. A complete appendix would also include the relevant?IRCC document checklist (Attached file), and the documents identified on it, for the particular kind of application you are submitting.
3. At the bottom of the appendix, include a heading called?Search Record. Paste your click path notation there to provide a record of the case law search you performed in CanLII.

Drafting and Formatting Tips:

• Write in a style consistent with formal business English: use plain language, maintain a formal tone, and avoid idiomatic expressions or colloquialisms. The work should contain few to no errors in grammar, punctuation, or spelling.
• Cite the authorities you refer to (legislation, case law, government policy) in accordance with the McGill guide. You may use in-text citations or footnotes - see McGill rules 1.2 and 1.3. Include pinpoints in the citations to the specific section number of the correct legislative provision or the relevant paragraph number in a decided case where a principle of law or interpretation of the law can be found.
• Use spacing and font size consistent with formal business communication (see template).
• Use text effects such as boldface, underlining, variable font size, colours, or non-standard symbols sparingly, so as to preserve their impact.
• Observe the word limit: 1000 words, including any footnotes, excluding the appendix. As an important note, 1000 words is not a target; this is an upper limit. Word counts higher than 1000 will signal that you have not taken the time to edit for clarity and conciseness.
• Explicitly identify the word count at the top of the submission.

Do not use bullet points as the basic paragraph structure. You can use bullets where appropriate, but the paragraphs should consist of full, grammatically correct sentences.?

Do not make up or assume any facts not given to you in the client's affidavit. Use only the facts that you are given.

Sample format for Written Submission for Final LRW

*This template is intended for instructional purposes for ICL810. It provides students with a sample framework for organizing written submissions. There are many ways to organize and structure a written submission.

VIA EMAIL

Citizenship and Immigration Canada

CIC Backlog Reduction Office

#600 - 605 Robson St

Vancouver, BC

V6B 5J3

E-mail:

CANADA IN THE MATTER of a Humanitarian and Compassionate application (H&C) for PROVINCE OF ONTARIO Maryam Helou Tannous, in accordance CITY OF OTTAWA with section 25(1) of the Immigration and Refugee Protection Act. Affidavit of Maryam Helou Tannous I, Maryam Helou Tannous, of the City of Ottawa in the Province of Ontario, DO SOLEMLY SWEAR TO THE FOLLOWING: 1. My name is Maryam Helou Tannous. I was born on August 2, 1948, in Beirut, Lebanon. 2. I was married to Elias Chamoun on July 10, 1973. We had two sons, Youssef Chamoun, (DOB: February 3, 1975), Bashir Chamoun, (DOB: May 14, 1977) and a daughter, Nadine Chamoun (DOB: November 25, 1980). 3. Since 1994, my husband and I lived in an apartment in the Hazmiyeh neighbourhood of Beirut. My husband died in August of 2022 from a stroke. After his death, I lived alone in the apartment. In October of 2022, I came to Ottawa where I reside with my daughter, Nadine, and her family. I have a temporary resident visa. Due to multiple compassionate reasons, my family and I now believe that I should remain permanently in Canada. 4. In Lebanon, I worked as a custodian for Al-Dar (a large property maintenance company) from 1995 until 2013. I made the decision to retire in 2013 because I had reached the age of retirement and was experiencing physical difficulties. As I worked in the private sector, I was not eligible for a pension (only public employees get pensions in Lebanon). I managed to get by financially in Lebanon with the help of my children. I don't have any savings, but my children helped me financially as much as they can every month. 5. I have suffered many physical injuries in the past two decades. I underwent double knee replacement surgery over 15 years ago and since then I have been living in pain. Two years ago, after falling twice, I underwent two other knee replacement surgeries and now I have trouble walking and standing on my feet for a long time. Moreover, I have been dealing with gall bladder issues and in 2018 I had two surgeries to remove my gall bladder. On top of all this, I am diabetic and have hypertension problems.These physical problems have impacted my life greatly. For example. because of my knee injury. I can't stand on my feet for a longtime and if I stand for too long I feel like I am going to fall. Moreover. I get tired very quickly. I can't shower alone and I need someone to help me. Because of the removal of my gall bladder. I am snuggling with digestion issues and get sick often. I am not able to leave my house without assistance. I struggle with going out to get necessities. Because of my physical disabilities- 1 used to stay at home almost all the time. When my daughter was in Lebanon. she used to help me as much as she could. since she was the closest to me. However. my daughter has relocated to Canada. In case of necessity. my neighbours in Hazmiyeh used to help me whenever they could. but obviously they're not available all the time for me. I fear what will happen to me if I return to Lebanon and I am once again forced to live by myself. As a result of my knee problems. I fall very often. which may cause many serious physical injuries that will worsen my already limited physical difculties. If I fail. I won't be able to get back up by myself and I won't be able to call for help. It is difcult living in my apartment in Lebanon. The apartment is very humid and there are wet spots on the walls. which leads to unpleasant smells. There are also pests in the apartment like cockroaches. mice. and rats. The structure of the building is not sound. It was damaged during the civil war. There are cracks in the walls and there are exposed electric wires everywhere. The stairs are severely eroded. cracked. and chipped. There is no elevator, My apartment is on the second oor of the building and because of my physical condition. it is difcult for me to get up and down the stairs. I can't go down the stairs unaided. I have been living without a lease since 1994. This gives the landlord the power to oust me from tlte building anytime. 10. There is no one in Lebanon whomI can rely on. My eldest son Youssef is unable to 11. check in on and help me regularly because he lives in a village that is far from Beirut. He would not be able to reach me when I need hitn in an emergency. especially with the frequent street closures that happen throughout the country because of spontaneoua demonstrations. Going to live with my son would not be possible either. My son's financial ability is very limited. My son's wife also has said many times that she does not want me live with them and is not willing to take care of me. My younger son Bashir is a priest with the Maronite Church and is subject to being posted around the world depending on the decision of Bechara Boutros alnRahi, who is the Patriarch of the Maronite Church. Right now. Bashir is stationed in Bkerke. Bashir's 13. 14. 15. 16. living arrangements are provided by the Church so I would not be able to reside with him. . I have 3 living brothers and one sister. They are unable to look after me or provide me with support. First. all of them are old and have nancial difculties. They are all looked after by their own close relatives. Their situation is even getting worse because of the current situation in the country. Lebanon has had political and economic issues for a long time. Since October 2019. revolutions are being made almost every day on the streets. As a result. almost all roads are closed. many employees are either laid off. or their wages cut. Moreover. many people are forced to close their stores. Moreover. my elder brother is not working and has bladder cancer. As a result. his wife is taking care of him. My younger brother's wife has breast cancer. Therefore. with his limited income. my brother is taking care of his wife and cannot also take care of the. My other younger brother is taking care of his sick wife with his limited income. I don't recall the name of her condition. but she can barely walk because of a disease in her leg muscles. Therefore, she gets continuous treatments which costs a lot of money. Regarding my sister. we had a falling out and it's been tnore than 10 years since we have tallied to each other. Consequently. she cannot help rue or take care of me. I fear for the quality of life I would have if I were to go to a nursing home in Lebanon. The quality of care in the nursing homes is not good. Nursing homes are short staffed and are not able to provide adequate care. Standards are non-existent. Aside from the inadequacies of the care. I would be extremely lonely. Moreover. nursing homes are very expensive in Lebanon (300 USD monthly}. which I cannot afford. On top ofthis. I have to pay to my medicines every month. If I were allowed to remain in Canada on the other hand. I would continue living with my daughter. son-in-law. and granddaughter. 'While visiting in C anada. my physical problems followed me and I had another fall that caused me a lot of pain. With my daughter's help. I was able to recover. This made it clear to us that livittg with her is the best option for my health and security. Had I experienced this while living alone in Lebanon. I cannot imagine how I could have coped. Living with my family in Canada will allow me to live out the remainder of my life with dignity. I will be able to live in a warm and safe home. surrounded by loved ones. I would be able to be around my beloved granddaughter. and celebrate her accomplishments. 17. I also have a cousin, Maroun, who lives in Ottawa. Maroun is ready to help me financially by purchasing some of my necessary medications. Between my daughter, my granddaughter, my son-in-law, and cousin, there will always be someone to help me when I want to leave the house to go for a walk or go run errands. I will not be confined to my home or a nursing home like I would be in Lebanon. 18. My daughter and son-in-law are unable to sponsor me under the Parents and Grandparents Program because they do not have Notices of Assessment for the past three years, as they resided in Lebanon in 2020 and 2021. They are unable to reside in Lebanon because they are permanent residents, and they need to meet their residency obligations in Canada. I make this affidavit in good faith and for the purpose of my application for permanent residence on humanitarian and compassionate grounds, and for no other and improper purpose. Sworn before me, in the City of Ottawa, in the Province of Ontario, this 4th day of August, 2023. The affidavit was interpreted to the affiant by Sareena El Masry, who previously swore an affidavit that she interpreted the affidavit correctly. Giancarlo Volpe, Notary Public Maryam Helou Tannous 4VancouverBRO@cic.gc.caI *I Immigration, Refugees Immigration, Rfugie's PROTECTED WHEN COMPLETED - B and Citizenship Canada at Citoyennete Canada PAGE 1 OF 4 DOCUMENT CHECKLIST HUMANITARIAN AND COMPASSIONATE CONSIDERATIONS Note: You can now apply for Humanitarian and Compassionate Considerations online or by mail Gather your documents in the order of the checklist and '2' each item. If you submit an online application, you need to upload this form and other documents with your application. You do not need to sign any PDF forms except for the Use of a representative (IM M 5476) form and Authority to Release Personal Information to a Designated Individual (IMIVI 5475) form, if applicable. Some forms will be completed as part ofthe online application. You will need to complete PDF versions of these forms. If you submit a paper application, you need to mail this form and other documents with your application. 3lease ensure you print this document, complete and include It in your application as the cover page. Send photocopies of all dOCLments unless instructed othenNise. Attach small items such as photos with a paper clip, otherwise leave documents unbound. Dlace all documents in a sealed envelope. Whether you are submitting your application online or by mail: If your documents are not in English or French, you must include the English or French translation with a certified copy of the original document, and an affidavit from the person who completed the translation (If the translation Is not provided by a member In good standing of a provincial or territorial organization of translators and interpreters In Canada). The checklist of required documents Is subject to change. Applicants are advised to refer to the application kit on the IRCC website periodically while preparing their application to ensure that they have included all forms and documents listed on the most uptodate checklist. Forms and supporting documents (to be completed and submitted by all applicants). Note: If your application lacks any of the documents listed in this checklist, it will be returned to you. If you are unable to provide any of the requested documentation, please include with your application a written explanation with full details as to why that documentation is unavailable and any documentation that would support your claim. Failure to provide supporting documents in certain circumstances may result in the refusal of your application. IMPORTANT NOTICE: You have to answer all questions and sign all forms where applicable. When you sign these documents, you are certifying that all Information provided therein whether prepared by you or not, is complete and true in all respects. If you or someone else Is acting on your behalf directly or indirectly submits false documents or misrepresents facts relating to your application for a permanent resident visa: . Your application may be refused; - The circumstances of your refusal will be entered Into Canada's global immigration database; and . You and your family members could become Inadmissible to Canada for five years under section 40(2) of the Immigration and Refugee Protection Act. It is your responsibility to notify us and provide the relevant supporting documentation if there are changes in the following: - Family status (eg. marriage or common-law union, divorce, annulment, legal separation, birth, adoption, death of the principal applicant or any accompanying family members, Including grandchildren born of dependent children); . Education (e.g.: completion of a degree); or . Mailing Address/email address/contact information. Any changes which we have not been informed will delay processing or may result In the refusal of the application or the exclusion of a family member. This form is made available by Citizenship and Immigration Canada and is not to be sold to applicants. I" IMM 5230 (03-2022) E (DISPONIBLE EN FRANQAIS - IMM 5280 F) canada PAGE 2 0F4 Forms If you are mailing your application, do not submit originals unless otherwise stated as documents submitted will not be retumed. Note: All documents listed below are required for mail-in and online applications. You must keep a copy of the completed forms and all documents that you submit online or mail. Generic Application Form for Canada (iMM 0008) Applying online 1 The principal applicant will complete this form as part ofthe online application. The PDF form is not required. D Applying by mail PDF completed and signed by the principal applicant. Additional Dependants / Declaration (lMM 0008DEP) (if applicable) Applying online Completed, dated and signed by the principal applicant ifthe applicant has more than ve dependents (whether they are accompanying 2 or not). Applying by mail Completed, dated and signed by the principal applicant ifthe applicant has more than ve dependents (whether they are accompanying or not). Schedule A - Background fDeciaration (\"WM 5669) Provide your detailed personal history from the last 10 years or since the age of 18, if you are less than 28 years of age. Do not leave any sections blank, or gaps in time. You must write \"nia\" in any sections that are not applicable to your situation. Include all: - jobs, - periods of unemployment, - study, - vacations, or - being a homemaker. Do not use abbreviations. Do not use general words such as \"employee", \"working", \"manager." Specify your activity such as retail salesperson, architect, nancial manager, etc. Note: lfthis section is not accurately completed, it will cause delays in the processing of your application. 3 Applying online You will complete this form as part of the online application for everyone in the following list: - the principal applicant - spouse or commonlaw partner (wh ether they are accompanying or not) - each dependent child over the age of 1 8 years (whether they are accompanying or not) The PDF form is not required. Applying by mail Submit a completed PDF document, dated and signed by everyone in the following list: - the principal applicant - spouse or common-law partner (wh ether they are accompanying or not) - each dependent child over the age of 18 years (whether they are accompanying or not) Supplementary information - Humanitarian and Compassionate Considerations ("WM 5283) List all factors you wish to have considered at the time you submit your application and provide evidence to support the statements you make. Applying online You will complete this form as part of the online application for everyone in the following list: - the principal applicant - yourfamily members, only if they have different humanitarian and compassionate grounds and they are included in this application. The PDF form is not required. 4 Applying by mail Submit a completed PDF document, dated and signed by everyone in the following list: - the principal applicant - yourfamily members, only if they have different humanitarian and compassionate grounds and they are included in this application. IMM 5280 (08-2022) E PAGE 3 0F4 Additional Family Information (iiliiilri 5406) Applying online You will complete this form as part of the online application for everyone in the following list: - the principal applicant - spouse or commonlaw partner (whether they are accompanying or not) - each dependent child over the age of 18 years (whether they are accompanying or not) The PDF form is not required. Applying by mail Submit a completed PDF document, dated and signed by everyone in the following list: - the principal applicant - spouse or common-law partner (whether they are accompanying or not) - each dependent child over the age of 1 3 years (whether they are accompanying or not) Use of a Representative (\"WM 5476), if applicable Complete, print, sign and include this form in your application if you have a paid or unpaid representative. The form must be signed by the principal applicant and by the representative whether you apply online or by paper. Authority to Release Personai information to a Designated individuai (WM 5475) (ifappiicabie) 7 Complete, print, sign and include this form in your application if you have a paid or unpaid representative. The form must be signed by D the principal applicant and by the representative whether you apply online or by paper. Photos Photo Requirements Photo must have been taken within six (6) months before application submission. Applying online Include a photo ofyou and each family member in Canada. On the back of each photograph, write the name and date of birth ofthe person in the photo as well as the date the photo was taken. Follow the instructions provided in the online application and in the guide in Appendix A: Photo Specifications. Do not submit photos of family members outside of Canada. Applying by mail Include two (2) original photos of you and each family member in Canada. On the back of one (1) of the photographs, print the name and date of birth of the person who appears in the photo as well as the date the photo was taken. Leave the other photograph blank. Follow the instructions for Photo Specications on our site: https:iiwww.canada.caienrimmigrationrefugeescitizenshipiservicesew immigrants/pr-cardiapplyren ew-replaceiphotohtml Do not staple, glue, or otherwise attach the photos directly to the application. Do not submit photos offamily members outside of Canada. Photocopies of identity and relationship documents (for each person included in the application) Do not send original documents of the following as they will not be returned. Passport pages for you and each of your family members in Canada. The pages must clearly show: - the passport number, 9 - the photo, name, date and place of birth, - passport issue and expiry date, - entry and exit stamps, visas for Canada and any other countries, - stamp made by a Canadian authority showing most recent entry into Canada. D 10 Proof of your status in Canada (eg. visitor visa, study permit or work permit, temporary resident permit, including out of status documentation) 11 Birth certicates or other ofcial identity documents for you and all your family members in Canada 12 If you are married, include your marriage certicate Proof of common-law relationship, if applicable. 13 For example: evidence ofjoint bank, trust, credit union or charge card accounts; jointly signed residential lease, mortgage or purchase agreement; statutory declarations ofindividuals with personal knowledge that your relationship is genuine and continuing 14 Divorce, annulment or death certicates, if you were previously married 15 Custody papers for dependent children from a previous marriage or relationship, if applicable 16 Adoption papers, if applicant is an adopted child IMM 5280 (08-2022) E PAGE 4 OF 4 Other documents 17 Originals of your police certificate(s) 18 Details of your criminal convictions, if applicable Photocopy of your pardon obtained from the National Parole Board, if applicable 20 Any document that supports why you think there may be sufficient humanitarian and compassionate grounds to permit your application for permanent residence to be processed from within Canada 21 Certified translations for all documents that are not in English or French For example: police certificates, birth certificates, etc Fee Copy of the receipt showing the amount paid. Consult the "Pay the fee" section of the instruction guide for the acceptable methods of payment 22 If we are unable to process your payment, your application will be returned to you. 0 Do not enclose cash 23 This Document Checklist (IMM 5280) Mailing your application If you are mailing your application, you have addressed the envelope with correct postage to: 24 IRCC - Humanitarian Migration Office 300 - 800 Burrard Street Vancouver, BC V IMM 5280 (08-2022) E