Case Study:

John Doe applies to sponsor his wife to come to Canada. John Doe currently live in Pakistan. His application to sponsor his wife was rejected.

Letter of Rejection and the reason is as follows:

This refers to your application for permanent residence in Canada. Your application for a permanent resident visa has been reviewed. It appears that you may not meet the requirements for immigration to Canada.

Based on the information provided with your application, it appears that your sponsor has not fulfilled the requirement put upon them by subsection 130(2) of the Immigration Act, which states:

Subsection 130(2) states that, a sponsor who is a Canadian Citizen and does not reside in Canada may sponsor an application referred to in the subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Specifically, your sponsor has to provide evidence of residence in Canada to prove that he has been residing in Canada since your sponsorship was submitted or sufficient evidence to indicate that your sponsor will reside in Canada when you become a permanent resident.

I have reviewed your application. Your sponsor currently does not reside in Canada and I am not satisfied that they will reside in Canada when you would become a permanent resident. Your sponsor does not meet the requirements of subsection 130(2) of the regulations, and as a result, you do not meet the requirements of section 120 of the regulations.

Please submit evidence such as your sponsor's Notices of Assessments (NOA) for last three years, copy of complete passport since wedding, regular bank statements for last one year, lease agreement, cable or phone bills, or other documentation that shows your sponsor has been residing in Canada. You are also welcome to submit details showing the preparations your sponsor has done to settle in Canada and a detailed description of your future plans if they are not residing in Canada. If any of your family members in Canada wish to provide financial support to you and the sponsor upon arrival in Canada, please provide proof of income of that family member and of the support they are able to provide.

To be procedurally fair, before a final decision is made on your application, you are being given an opportunity to respond to these concerns and provide the above documentation as well as any further information within 45 days from the date you receive this letter. Please ensure that you quote the file number indicated at the top of this letter and include a copy of this request letter with any correspondence, documentation, or information you wish to submit to the address noted at the top of the letter. If you do not respond to this request within the time outlined above, a decision will be made based on the information included with your application at that time, which may result in the refusal of your application.

Response from the Sponsor to the officer:

SOLEMNLY DECLARE THAT,

1.I am the Managing Director of Doe Corporation (Private) Limited in Karachi, Pakistan

2.I married Samina on January 3rd 2007 in Karachi, Pakistan

3.My wife and I have been living together since our marriage

4.Due to the economic andpolitical instability prevalentin Pakistan, my wife and I have decided to settle in Canada

5.On May 21^st 2008 I initiated a sponsorship application for my wife. See letter dated June 23rd 2008 fromCPC Mississauga attached as Exhibit A, hereto

6.My wife received a letter from the High Commission dated November 10 2008 questioning my intention to reside in Canada when my wife becomes a Permanent Resident

7.The objectives with respect to immigration a reset out in the Act at paragraph3, state as follows:

"3.(1) The objectives of this Act with respect to immigration a re

[...]

(d) to see that families are reunited in Canada;

[...]. ^II

8.I have included proof demonstrating my intention to reside in Canada when my wife becomes a permanent resident (Section 130(2) IRPR). I n doing so, I have sought guidance from IP Manual Chapter 2 specifically Section 13.3, Sponsorship by Canadian Citizens Living Abroad in which one finds the following instructions;

Evidence that sponsors will reside in Canada may include one or more of thefollowing:

1.letter from an employer;

2.letter of acceptance to a Canadian educational institution;

3.proof of having rented/ bought a d welling in Canada;

4.reasonable plans for re-establishing in Canada or severing ties to the other country.

Evidence is listed in Exhibit B attached hereto and my plans for settling in Canada once my wife becomes a Permanent Resident as required by Section 130(2) IRPR are outlined in Exhibit C attached hereto.

9.It should be noted that I am the co-owner of a $3.6 Million house in the Rosedale neighbourhood of Toronto and pay over $26,000 in PropertyTaxes

10.I lease a 2007 model Mercedes Benz SL which is insured under my name andI have listed the Vehicle permit issued by the Ontario Ministry of Transport as wellas a copy of the vehicle insurance certificate issuedby INGInsurance Company of

Canada, inter alia, and a bank letter from Scotia Bank which indicates a balance of $20,977.43 as on January 14, 2009

11.Throughout the entire process, I have acted in a bonefide manner and endeavored to provide the High Commission with all the documentation required for this application both in the initial application and in this affidavit

12.In my view, to request that I submit documents beyond the Act, Regulations and Manuals is to be procedurally unfair to my wife and I. As you k now, a n officer has a duty to act fairly and I would expect that the decision forthcoming, in short course would be in accordance with this principle

AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

Your Client was asked to come for an appeal hearing.

Question: The hearing for Your Clients' appeal is approaching and you must prepare Client Mr John Doe.

Provide a list of questions that you anticipate the Minister's Counsel may ask Mr John Doe.