IAD Submissions- "This assignment is designed to simulate an in-person or virtual hearing before the Immigration Appeal Division (IAD). It assesses your foundational knowledge of the law from Modules 1, 2 and 3 as well as your competencies in oral advocacy, professionalism and reflective practice." Case Study -

"Imagine that you are a newly licensed immigration consultant working in a firm with others. Your firm is representing Beni Alami, who has been found inadmissible for failing to comply with the residency obligation and issued a removal order.

Beni Alami, 54 years old, and his wife Mariam Alami, 30, are citizens of Morocco. They became permanent residents in October 2018. They came to Canada for a new lease of life, especially for their three minor children. Upon arrival in Canada, Mariam got a customer service job. Unfortunately, Beni was unable to secure a job. After two unsuccessful interviews, Beni decided to return to Morocco in July 2020 to manage the family business, especially given the fact that his father, who runs the company, was diagnosed with cancer which had reached an advanced stage in 2019. Beni is an only child; his mother died when he was a teenager.

Beni's father died 18 months ago; he returned to Canada three months ago after finalizing the sale of the family business in Morocco. Prior to returning to Canada to live, Beni came to Canada two times a year to visit his family, spending about two weeks during each visit. Mariam's income was insufficient to meet the family's financial needs. Beni sent about $2,000 CDN to his wife on two occasions to support his family. From the proceeds of the sale of the family business, Beni made a downpayment for a condo in Fredericton, New Brunswick, where his family had lived since their relocation to Canada. Beni plans to use the remaining $20,000 CDN from the proceeds of the sale of the company in Morocco to remodel his parents' house in Morocco.

Their children, the twins Hassan and Hussein, are in grade 8 on the honour roll. They both play for the "Freds", a basketball team in Fredericton. Their sister Alima is in grade 5 and is also doing well in school, doing competitive dancing. The family is active in the Masjid in their community, where Beni and Mariam volunteer. They financially support the local food bank. They are involved in their community. Cooking is Beni's hobby, and he invites their friends in the community for an annual BBQ every summer when he visits Canada. This is a tradition he has been doing for the past five years.

You are not challenging the legal validity of the Removal Order; you are seeking the discretionary jurisdiction to grant special relief."

Instructions - Based on the above case study, write and submit a point-form overview of your oral submissions before the IAD. Your opening submissions should:

1. includea brief outline or "roadmap" of your argument.
2. clearly set out the central legal issues.
3. clearly state the conclusion that you want the IAD Member to reach.
4. enumerate the reasons (law and facts) as to why the IAD should allow the appeal (i.e. the H&C grounds that your submissions will be based on).

Keep the CREAC structure in mind as you draft your opening statement. Recall that the most persuasive argument is structured as a clear legal conclusion that is supported by reference to the relevant legal authority - legislation, case law and government policy where relevant - as applied to your client's specific facts.