Case Narrative - Philippe

For the purpose of this fact pattern, the date is present day.

Philippe "Phil" Moor-Sheik is a dual citizen of Mauritius and France. He is 34 years old, born September 2, 1990 in Curepipe. He is an only child. Following the early death of his father, he was raised by his mother in her Jewish faith. Phil and his mother attended the small synagogue in Curepipe, where she arranged for him to take Hebrew lessons. He had a very happy childhood with his mother, growing up in the very small Jewish community in Mauritius. Sadly, his mother passed away from breast cancer when he was 10 years old. Thereafter, he was sent to live with his paternal grandparents in Port Luis, who had strongly disliked their daughter-in-law because of her religion and had never approved of their son's marriage. After Phil moved in with his grandparents, they quickly enrolled him in a new school, where he was only allowed to speak English. At home, they only spoke to him in French, and refused to allow him to continue attending the synagogue. When he misbehaved, he was punished with physical beatings by his grandfather, or sent to bed without meals by his grandmother. As he grew older, Phil became aware of increasing anti-Semitic activities against the small Jewish community in Port Louis. He was forbidden to attend the synagogue by his grandparents, and was saddened when he walked past it on his way to school and saw it frequently vandalized. Phil became desperately unhappy and lonely, but did not know how to escape his abusive home during his teenage years. He was bullied in school, so he had very few friends.

When Phil turned 18, he filled a backpack with clothes and important documents and took a flight to Runion, where he found work as an English teacher at the University of Runion. A year later, Phil applied to challenge the Teaching License Exam (which means to take the exam without the required academic credentials). He was successfully awarded a Teaching License from the government of Runion. He was offered another teaching post by the university, and thus began teaching courses in Child Psychology. He also started developing French courses for a bilingual international high school, the Ma Kindy International School. Phil lived in Runion for the next 15 years. As a teacher, he was responsible for developing the university's psychology program curriculum, creating lesson plans, teaching with set resources and material, designing and administering tests and assignments, and grading them using answer keys he developed himself. He worked 50 hours per week and earned2,000 Euros per month. Originally hired as an independent contractor by Ma Kindy International School, Phil is paid an annual salary of50,000 and works 20 hours per week to develop their French literature curriculum, design lesson plans, tests, and homework sheets. In 2023, one of his fellow teachers at the University of Runion, a Canadian citizen named Joseph Harrow, made plans to return to Canada for the summer. He invited Phil to join him on his visit to Canada. Having never travelled outside of Runion and Mauritius, Phil accepted the invitation happily and arrived in Toronto, ON, with Joseph on May 1, 2024, with plans to spend the summer travelling in Canada.

The two of them bought an old van and began driving throughout Eastern Canada, visiting numerous cities and several of Joseph's extended relatives. In Montreal, QC, he was introduced

to Joseph's American cousin, Tatiana, who was also visiting the city with her husband, Richard, and their twin children, Benny and Sean. The six of them travelled together for another few days until they parted ways. Phil exchanged contact information with Richard and kept in touch with them. He learned that they have only been married since January of that year. Richard had sponsored Tatiana for permanent residence, and the application was only just approved. The two of them encouraged Phil and Joseph to come back to Port Williams, NS with them, where they own a home. Phil and Joseph accepted and spent several weeks travelling in the Atlantic provinces, before going back to Port Williams to spend time with Tatiana and Richard's family in June.

Sadly, just after they arrived, Richard was killed in a car accident in Wolfville. Tatiana had not worked since moving to Canada, having decided to stay home to raise her boys. Over the next few weeks, Tatiana had to work through complicated post-mortem and funeral processes, as well as the police investigation that took place after Richard's accident. Joseph assisted her with these processes, while Phil volunteered to take care of the two boys, Benny and Sean. He took them to the public library to take part in fun activities, or to the local village centre for summer day camp and other events. At home, he took over the cooking and cleaning duties so that Tatiana could focus on managing her grief.

By the time Tatiana secured employment for herself and daycare for her boys, Phil had been living in Port Williams for several months. He had come to really enjoy living in the small village, which has a lot of amenities that he could easily access within walking distance, as well as nature trails that he liked taking the boys on. On one of his outings with the children, they encountered a young woman on a walk with her dog. Phil asked if he and the children could join her, which led to an enjoyable afternoon together. Phil and the young woman, Juliette, exchanged phone numbers and began meeting up for coffee. Juliette, a Canadian citizen, is herself a teacher in the local elementary school who also teaches Hebrew at a synagogue in Wolfville. She told Phil about her own experiences teaching abroad, having taught at a primary school in Jerusalem for several years. The two of them bonded over their teaching experiences and their faith. They started a romantic relationship soon after.

On August 14, 2024, Phil took the boys to visit Tatiana at Nova Scotia Community College, where she had been newly hired as an Admissions Coordinator. While there, the Faculty Human Resources Manager, Diane Adebayo, heard that Phil used to be a teacher and asked about his professional background. After he described some of the courses he taught, Diane immediately offered him the position of Sessional Instructor, explaining that the school had planned to offer several psychology courses within their Social Services diploma program, but their Sessional Instructor had just withdrawn their acceptance of the term contract. With the new term starting soon, the school was frantically searching for a suitable replacement, but had failed despite extensive recruitment on the national Job Bank and many other internet job sites, including their own public web site.

Diane promised to assist Phil in applying for a work permit so he could start working as soon as

possible. She assured him that the college had never been found to be non-compliant with any government authority. Nova Scotia Community College is a public, post-secondary institution in Nova Scotia, employing hundreds of staff and faculty members, with hundreds of thousands of Canadian dollars generated in gross revenue each year. Phil would be teaching at the Kentville campus. Diane explained to Phil that the position of Sessional Instructor would include duties such as to prepare course readings and assessment material, teach course curriculum, grade assessments, conduct student performance reviews, and attend program meetings with the academic director when necessary. Nova Scotia Community College would pay an annual salary of $90,000, and this would be a permanent, full-time teaching position at 40 hours per week. Other benefits include extended health and dental care, and the opportunity to receive a pension from the school.

At Tatiana and Joseph's encouragement, Phil decided to resign from his teaching post with the University of Runion and accept Nova Scotia Community College's job offer. To celebrate, Joseph took Phil out for dinner and drinks the following evening. The two men had a good time drinking and playing pool at a bar in Wolfville. Just after midnight, they were approached by the bartender, who invited them to attend a private boxing match taking place in the bar's basement. Intrigued, Phil and Joseph followed the bartender downstairs to the basement, where they saw a tastefully decorated space set up with a boxing stage in the centre of the room. Joseph declined to place bets on the fighters, but Phil bet $500 on one of the fighters, a fellow Mauritian like himself. They were served free whiskey and scotch throughout the rest of the night as they watched the fight, along with 20 other people.

A few hours later, a visibly intoxicated Phil accidentally knocked over another man's drink. The man shoved Phil to the ground. Joseph defended Phil by punching the man. His friends joined the fight, and several expensive decorative items, glassware, and dishes were broken during the fight. The noise caused neighbouring establishments to call the police, which led to a raid of the bar by the RCMP. All of the spectators were arrested by RCMP officers, including Joseph and Phil. They were both detained at the local detachment for the next day. They were both released on bond, and were charged with "Causing a Disturbance," and "Engaging in Prize Fight." They pleaded guilty to both offences on September 1, 2024. Phil was sentenced to one week in prison and a fine of $6,000 CDN. Joseph was sentenced to four weeks in prison and a fine of $8,000 CDN. Both of them paid their fines on the same day, started their sentences the following week, and completed them within the time prescribed.

Phil had retained a lawyer to represent him in his trial. After he was convicted of the two offences, his lawyer advised him of the possibility of being removed from Canada by the Canada Border Services Agency. The lawyer advised Phil to apply for permanent residence immediately, in order to avoid being removed. During a subsequent meeting with Nova Scotia Community College, Phil disclosed his criminal convictions to Diane, the Faculty Human Resources Manager. Diane did not seem disturbed at all, assuring Phil that they would still do whatever is needed to support him in obtaining permanent residence. Nova Scotia Community College plans to send

him and a group of other instructors to Washington, D.C. in early October to attend an educational conference. They would like him to start working as soon as he returns from Washington, D.C., in two weeks' time.

Phil has now come to you for your help on his applications for a work permit and permanent residence. This ordeal has been very stressful for him, as he had been looking forward to starting a new life in Canada with Juliette. His friends Joseph and Tatiana are also distressed by the thought that he may be facing removal from Canada. With his assigned courses starting in November 2024, Phil urgently needs to be issued a work permit as soon as possible. After paying his fine, he has $4,000 CDN left, and is in desperate need of an income to support his continued residence in Canada. He tells you that he has completed an Education Credential Assessment for his existing education, a PTE Core-Pearson Test of English as well as a Test de Connaissance du franais. The college has confirmed they will also assist him with applying for permanent residence, and has already obtained all of the necessary documentation (they have already supported dozens of staff members through permanent residence programs over the past few years).

Phil is very afraid of being denied entry to Canada upon his return from Washington, D.C., due to his criminal convictions. He would like you to confirm if he is currently inadmissible to Canada and how he can start working at Nova Scotia Community College as soon as possible. Once he has a Work Permit, he would like to obtain permanent residence as soon as possible.

Other information provided by Phil:

Name: MOOR-SHEIK, Philippe (As written on passport)

Passport: EU28567945

Validity: July 13, 2022 - July 13, 2032

Place of Birth: Curepipe, Mauritius

Date of Birth: September 17, 1990

Address: 377 Kidston Ave, Port Williams, NS B4G 2R4

Cell/Home Phone: +902-874-1458

Height: 167 cm

Eye colour: Green

National ID: 199009176547

Client ID: 11-7894-1433

1stLanguage test: PTE Core. Test Taker ID - PTE76554891; Reg ID - 76554891

Date of Test August 1, 2024

Language score: Reading: 59; Writing: 88; Listening: 58; Speaking: 85

test: 2ndLanguage test TCF Test Taker ID - 7488596325;

Date of Test August 30, 2024

Language score: Reading: 511; Writing: 12; Listening: 519; Speaking: 12

ECA: WES: 45897523IMM; issued August 31, 2024

Mother's Details: MOOR, Carla; D.O.B. January 18, 1969; Paris, France.

Mother's Date of Death: November 1, 2000.

Mother's Maiden Name: MOOR

Father's Details: SHEIK, Ajmal; D.O.B. March 29, 1969; Port Louis, Mauritius; Father's Date of Death: April 21, 1995.

Education history in Mauritius:From	To	Institution	City & Country	Type of Degree or Certificate earned	Field/Major
2003/09/01	2008/08/30	Royal College Port Louis	Port Louis, Mauritius	Secondary school	Secondary school

Address history:From	To	Address
2014/09	2024/05	La Chapelle au Riboul, La Bretagne, Saint-Denis, Runion
2024/06	Present	377 Kidston Ave, Port Williams, NS B4G 2R4

ADDITIONAL NOTES

• Phil has never served in the military
• Phil has never held a government job
• Phil is not a member of any political party
• Phil does not have any serious medical conditions that he is aware of
• Phil does not have children from past relationships
• Phil does not have security concerns, and has never participated in any acts of subversion, war crimes, crimes against humanity, genocide, political protests or religious protests, or advocated violence in any way
• Phil has never declared bankruptcy or received social assistance benefits
• Phil has never been refused a visa or permit to any country, and have never made a refugee claim to any country

Based on the information provided in the case study, drsft an opinion letter .In your opinion letter, FOLLOWING must BE INCLUDED:

1. Review the information provided and identify Philippe's objective(s) for immigration.
2. Identify the only available Work Permit program, with a thorough explanation as how Phil meets eligibility criteria for a work permit.
3. Explain his eligibility for a program of permanent residence.
4. Explain whether his application for permanent residence will be processed via Express Entry or the Permanent Residence Portal.
5. Correctly identify Philippe's NOC;
6. Provide a summary of the key facts that are legally relevant to his application;
7. If applicable, make table indicating any points he would earn in each section, as well as his total score;
8. Analyze Philippe's background information to determine his eligibility for this particular category of work permit and immigration program. Clearly explain how he is eligible for a work permit and for permanent residence under the correct programs;
9. Explain what Philippe is legally required to do to obtain a Work Permit and become a Permanent Resident: what factors and evidence will be considered by decision-makers?
10. Explain whether Philippe is or could be found inadmissible to Canada for any reason. Provide an explanation for how potential legal obstacles or inadmissibility could be overcome, or why he would not be found inadmissible to Canada;
11. Explain, using a step-by-step process, how Philippe's journey to obtain permanent residence will proceed under this program after he obtains a Work Permit;
12. Include a list of all of the government processing fees as well as your fee should they decide to hire you as their representative.