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.

John Does rejection Letter:

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Section 120 of the regulation's states that for the purposes of Part 5 of the regulations,

(a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect, and

(b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137. Subsection 133(1)(a) of the regulations states (in part) that a sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor is a sponsor as described in section 130.

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.

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.

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. Subsection 2(1) specifies that unless otherwise indicated, references in the Act to "this Act" include regulations made under it. For the reasons set out above, I am not satisfied that you meet the requirements of the Act. I am therefore refusing your application.

Question:

At John Does's hearing, the Minister's Counsel made his oral closing submissions. In his oral closing submissions, he summarized the exact same pointsmade by the visa officer in the refusal letter and did not add any new information.

However, there was no time for you to make oral submissions or closing statements. As a result, the Board Member has asked that you submitwritten submissions for Samir.

What could be a submission letter with the closing points for Samir. Please ensure you cite relevant sections and subsections of the IRPA, IRPR,and Case Law in your submissions. Please donot cite case law that has been previouslymentioned in the course material - you should be conducting your own research onrelevant caselaw. When citing relevant case law please ensure the following:

- a

copy of the actual case law, or a link to the URL where the case law you have

cited is available to review

- include in your submission an explanation of how your citedcase law is relevant toJohn Doe and John Does wife'scase