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Course: Temporary Entry - Program: Canadian immigration law . Please follow all instructions VERY carefully and do NOT use AI tools for generation. Answer this

Course: Temporary Entry - Program: Canadian immigration law.

  • Please follow all instructions VERY carefully and do NOT use AI tools for generation.
  • Answer this 3 questions only if you have a thorough understanding of Canadian immigration law, including relevant case law, acts, regulations, and IRCC guidelines.
  • If you use citation, please provide Citation.
  • You may would like to read the following resources:
    • Cochran,Interviewing Skills for Legal Professionals(Toronto: Emond, 2022)
      • Chapter 1 "Legal /Non legal issues"
      • Chapter 2 " Client Rapport"
      • Chapter 3 "How to greet the client" and "Facts gathering" and "Winding down the Interview"
      • Chapter 4 "Online Interviewing" and "Distractions"
      • Chapter 5 " The Art of Listening", and "Active listening" and "Non-verbal communication"
      • Chapter 6 "Questioning techniques"
    • Chantal Desloges & Cathryn Sawicki,Canadian Immigration and Refugee Law: A Practitioner's Handbook, 4th edition(Toronto: Emond, 2023)
      • Chapter 4
        • Section 1 "Temporary Resident Status: an Introduction"
        • Section 2 "Temporary Resident Visas"
    • Textbook
      • Cochran,Interviewing Skills for Legal Professionals(Toronto: Emond, 2022)
        • Chapter 8 " Client Advice, Ethical concerns and challenging clients"
      • Stephen Green, Alexandra Cole, Cristina Guida, & Peter Salerno,Temporary Entry into the Canadian Labour Market(Toronto: Emond, 2021).
        • Chapter 1, part I & II and Chapter 2, part VII.
    • IRPA and IRPR: Key Sections
      • Immigration and Refugee Protection Act, SC 2001, c 27
        • s. 3(1) (Objectives)
        • s. 10.01-10.02 (Biometrics)
        • s. 11 (Requirements)
        • s. 15-18 (Examination)
        • s. 20 (Entering and Remaining in Canada)
        • s. 22 (Status and Authorization to Enter)
        • s. 29 (Rights and obligations of temporary residents)
        • s. 30 (Work and study in Canada)
        • s. 34-42 (Inadmissibility)
        • s. 89 (Fees)
    • Note: These sections ofIRPAalso apply to different aspects of temporary entry. We will revisit them in subsequent modules.
      • Immigration and Refugee Protection Regulations,SOR/2002-227
        • s. 2 (Definitions)
        • s. 7 (Documents required before entry)
        • s. 30 (Exemptions from medical examination requirement)
        • s. 179-85 (Temporary Residents)
        • s. 190 (Temporary Resident Visa Exemptions)
        • s. 191-193 (Temporary Resident Visa Exemptions)
        • s. 194 (Workers)
        • s. 210 (Students)
        • s. 296 (Fees)
        • s. 306 (Restoration of Temporary Resident Status Fee and Exception)
    • Case Law: If so, Please provide something on how properly addressing a U.S. visa refusal could improve the chances of obtaining a Canadian visa approval.

Instruction - There are 3 sections:

  1. Prepare a list of tenMOST IMPORTANT questionsfor your interview to be addressed to the client during the interview. These must be the ones that havenotbeen addressed in "intake form".
  2. Identify a list ofMOST IMPORTANT THREE ADDITIONAL DOCUMENTS, which arenoton the list under the"List Of Supporting Documents "below, but that your client should include with their visa application, and craft brief explanations (a one- or two- sentence) for why you would like to request those documents. These must be the ones that have not been asked from the client in "supporting documents".
  3. Analyse your client's case using theFILACframework to assess their eligibility for a Temporary Resident Visa (TRV). Show your work on each issue. That is, label your analysis with the FILAC subheadings: set out the legally relevant facts; identify the issue (the "whether" statement); identify the primary law and policy that governs that issue; apply the law and policy to the facts; and state a conclusion on that issue. Cite any authorities you rely on in your reasoning (cases, legislation, policy) in accordance with the McGill Guide.

FILAC : you will analyse your client's case using the FILAC framework and prepare written notes on your analysis. Then, in Part 2, you will use your notes as a basis for interviewing and advising your client orally, and you will video record yourself doing this. As you begin to analyze your client's case, use the FILAC framework to support your reasoning. Using what you know about the law of TRVs (as explained in Module 1), articulate the legal issue/s that your client faces. (For a review of the legal reasoning process, see FILAC: A Framework for Legal Reasoning).

  • Facts: As you read through the facts, keep the law nearby to help you identify what's legally relevant. Based on your understanding of the readings in this module, and on the relevant IRPA provisions, try to identify the facts that you think may be legally relevant. As noted above, it is easier to spot legally relevant facts when you know what the law requires.
  • Issues: There is at least one legal issue implied in the case study. Extract the legal issue or issues you see and articulate it or them using the "whether" structure described in your Blatt & Kurtz text (circa page 80). You will need to analyze each issue separately: keep in mind your client's goals. To articulate the legal issues, you will need a good grasp of the relevant law - including legislation and case law - as well as government policy. Be prepared to reread the key legislative provisions and key cases as you articulate the issues. Consider whether your client is able to prove the truth of the relevant facts using credible evidence.
  • Law: For each issue, identify the relevant legislation, case law, and/or policy that governs. Review the Module 1 Required Readings and Resources for relevant law and policy.
  • Application and Conclusion: After thinking through your client's situation, the facts, issues, and the law, apply the law to your client's facts so you can answer your issue question (i.e., the "whether" statement from the "I" in FILAC) and predict their current likelihood of success in achieving their goals. The object here is to advise your client as to what they could do to improve their chances of reaching their goals. This will form the basis for your advice to your client.

The target word count for the FILAC analysis of Part 1 is 400 words (+/ - 50) in point form. A "grace" range of up to 50 words is permitted. Anything above or below that 50 - word range will impact your mark for "Communication". 51 - 100 words over or under will be considered an "error" and 100+ over or under will be considered a "significant error."

Further Information:

Interview intake form:Use the following intake form to develop your questions for the interview. Immigration practitioners use different intake forms and questionnaires depending on the type of service the client is requesting. This TRV intake form is short, but it will give you what you need to start the conversation.

  • Family name: Gonzales
  • Given name: Stiven
  • Email address: ....@umc.com
  • Telephone number: +592-111-1111
  • Current residential Address: Lot 2, Main Street, Georgetown, Guyana
  • Date of birth: 1999-01-01
  • City of birth: Georgetown
  • Country of birth: Guyana
  • Citizenship: Guyana
  • Previous country of residence in last 5 years: None
  • Current marital status: Single
  • If you are married or in common-law relationship, provide the date on which you were married or entered into a common-law relationship: Not applicable
  • If you are married or in common-law relationship, provide the first and last names of spouse or common law partner: Not applicable
  • First or primary language: Guyanese Creole
  • Are you able to communicate in English and/or French? English
  • Education - Level of education: 2-year post-secondary
  • Education - Field of education: Cooking
  • Education - School name: Guyanese school of cooking
  • Education - Date of graduation: April 2022
  • Education - Country: Guayana
  • Work experience - Occupation: Chef
  • Work experience - Name of employer: GGS - Gonzales Guyanese Specialties
  • Work experience - Starting date: May 2022 up to now
  • Purpose of the visit to Canada: From February 1st, 2025 To February 15, 2025
  • Name of person or institution you are visiting: Monique
  • Relationship to person or institution you are visiting: Sister
  • Address of person or institution you are visiting: Ottawa, Canada
  • Funds available for your stay: $6000 CAD
  • Previous travels to any country: Twice to Brazil in 2020 and 2022 and Twice to Peru in 2017 and 2018

A client narrative:

  • Stiven is a 25-year-old citizen of Guyana. He is single and resides with his parents in the city of Georgetown, in Guyana. His parents own and manage a family restaurant located in a reputable resort in Guyana.
  • In April 2022, Stiven completed a 2-year post-secondary diploma in cooking and has been working as a chef with the family restaurant since May 2022. His annual income is CAD $18,000.
  • Stiven owns an apartment in downtown Guyana which he rents to generate an additional income of CAD $12000 per year. He has a bank account with savings of approximately CAD $6000. Stiven has travelled twice to Brazil and Peru for tourism. In 2020, Stiven applied for a visitor visa to the USA and his application was refused.
  • Monique, Stiven's sister, is a Canadian citizen, residing and working in Ottawa, Canada since 2013. Monique is married to Tom. The couple recently purchased a house in the city of Ottawa. Monique is the manager and owner of a restaurant specialized in Guyanese food. Her business is growing fast with revenues of about CAD $150,000 per year. Her net income is about $50,000 per year.
  • Stiven is planning to visit his sister Monique for two weeks this upcoming winter. Monique will be hosting her brother during his stay in Canada. During these two weeks, Monique and Stiven are planning on doing some sightseeing and aiming to spend a weekend in Toronto and to visit Niagara Falls.
  • Stiven is seeking to hire the service of an expert in immigration to apply for a visitor visa.

List of Supporting Documents:An incomplete list of supporting documents:This is a list of documents that you will need to request from your client. For Part 1, you must suggestthree additional documents that are not on this list (space is provided in numbers 8 to 10 below).

  1. Stiven's Passport
  2. Digital photo
  3. Monique's Canadian passport
  4. Stiven's proof of employment
  5. Stiven's proof rental income
  6. Affidavit from client - purpose of visit
  7. Copy of US refusal decision
  8. ???
  9. ???
  10. ???

Answer from your tutor:

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hernandezann231Active25 seconds ago

To address the given assignment related to Canadian immigration law, specifically focusing on Stiven Gonzales' application for a Temporary Resident Visa (TRV), I'll proceed systematically through each of the requested sections:

Explanation:

Part 1: Ten Most Important Interview Questions for the Client

These questions are designed to gather additional information beyond what is provided in the intake form to assess Stiven's eligibility for a TRV.

Can you provide details about your previous visa refusal to the United States?

  • (To understand the grounds of refusal and its potential impact on the TRV application.)

Do you have any family members or close relatives residing in countries other than Canada?

  • (To assess ties outside Canada, which may indicate a higher likelihood of returning to Guyana.)

What specific sightseeing or activities do you plan to do during your visit to Canada?

  • (To demonstrate a clear purpose of visit, focusing on tourism rather than unauthorized work.)

Have you applied for a Canadian visa before? If so, what was the outcome?

  • (To confirm any past interactions with IRCC, which may affect current eligibility.)

Can you provide additional information on your financial obligations in Guyana, such as utility bills, loans, or other fixed expenses?

  • (To demonstrate ties to Guyana and an intention to return.)

Do you have any upcoming events, projects, or obligations at work during the next few months?

  • (To confirm Stiven's intention to return to his job in Guyana.)

Can you elaborate on your relationship with your sister Monique? How often do you communicate, and when did you last meet in person?

  • (To establish a genuine relationship and purpose for the visit.)

What are your plans after returning to Guyana following your visit to Canada?

  • (To confirm long-term ties to Guyana, such as ongoing employment or personal commitments.)

Could you provide evidence of any other investments, assets, or properties you own in Guyana?

  • (To show financial stability and ties to his home country.)

Are there any other facts or circumstances that you think might affect your visa application positively or negatively?

  • (To capture any additional information not covered in the intake form.)

Part 2: Three Additional Documents Required for the TRV Application

In addition to the documents listed, I recommend requesting the following:

Property Ownership Deed or Lease Agreement for the Apartment

  • Explanation: This will serve as proof of ties to Guyana, demonstrating Stiven's financial commitments and responsibilities, which support his intent to return.

Bank Statements for the Last Six Months

  • Explanation: Detailed bank statements will provide proof of consistent financial stability, showing regular income from his job and rental property.

Letter of Support from Monique

  • Explanation: A letter confirming Monique's willingness to host her brother and outlining her ability to support him during his stay can strengthen the application by demonstrating financial sponsorship and family support.

Part 3: FILAC Analysis of Stiven's TRV Application

Facts

  • Stiven Gonzales is a single, 25-year-old chef living in Guyana.
  • He plans to visit his sister Monique, a Canadian citizen, for two weeks for tourism.
  • Stiven has savings of CAD $6,000 and additional rental income, totaling an annual income of CAD $30,000.
  • He has prior travel history to Brazil and Peru but had a U.S. visa refusal in 2020.
  • Monique, who resides in Ottawa, will be hosting him during his stay.

Issue

  • WhetherStiven meets the requirements for a Temporary Resident Visa under the Immigration and Refugee Protection Act (IRPA), given his ties to Guyana, previous U.S. visa refusal, and intended purpose of visit.

Law

  • UnderIRPA, s. 20(1)(b), a foreign national must establish that they will leave Canada at the end of their authorized stay.
  • IRPR, s. 179(b)requires an applicant to satisfy an officer that they have sufficient ties to their home country.
  • Case law such asGonzalez Zuluaga v. Canada, 2017 FC 1105emphasizes the importance of proving ties to the home country and the genuine nature of a temporary visit.
  • Factors such as previous visa refusals are relevant underIRPA, s. 34-42, which deals with admissibility issues.

Application

  • Stiven's case presents a mixed set of factors:
    • Favorable Factors:
      • Stiven has substantial ties to Guyana, including ongoing employment, property ownership, and rental income.
      • Monique's invitation and willingness to host him strengthen his application.
      • His tourism plans appear legitimate, supported by previous travel history to other countries.
    • Adverse Factors:
      • The U.S. visa refusal might raise concerns for IRCC regarding the reason for denial, which could be interpreted as an indication of non-compliance risk.
      • Although Stiven has significant ties to Guyana, his relatively low annual income might cause concern about his financial self-sufficiency during his visit.

Conclusion

  • Based on the facts and relevant law, there are reasonable grounds for Stiven to obtain a TRV, especially given his ties to Guyana and financial stability.
  • However, additional evidence, such as detailed bank statements and Monique's support letter, will be crucial to address concerns related to his U.S. visa refusal and to satisfy the officer that he will leave Canada at the end of his visit.

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