QUESTION 3

Tosha, a citizen of the Philippines, obtained a Temporary Resident Visa (TRV) to visit Canada. Tosha presently lives in Manilla, Philippines's capital. Her only immediate family is an older brother, also living in Manilla whom she sees only on special occasions. Tosha's parents have both passed on. She is recently widowed after the passing of her spouse. Tosha has only one child, Anna who left Manilla 4 years ago to pursue studies in Canada. Anna has not returned to visit Tosha in Manilla since she met her husband while studying in Canada. After completing her studies, Anna is working full-time in Toronto.

Anna called Tosha last week and told her she just found out she is pregnant. As a trained pediatrics nurse, Tosha's life has become a daily rhythm of work-eat-sleep-repeat. Tosha misses Anna and wants to be present for the arrival of her first grandchild.Tosha is also tired of her daily grind and thinks that more challenging work can be found in Canada. She therefore has applied for Permanent Resident status in Canada. In the meantime, Tosha wants to check out what Canada has to offer and has decided to see what life in Toronto is all about, visit with Anna and be present for the birth of her grandchild, hence the TRV. Tosha is not sure how long she will stay, so she did not buy a return ticket. Tosha's plan is that she could decide when to return to the Philippines once she finished her family visit/information gathering/sightseeing mission in Toronto. Upon arrival at Toronto's Pearson International Airport, the CBSA officer asked Tosha many questions about her personal life and her circumstances. Tosha answered truthfully but was getting frustrated by the officer's persistent questioning. Tosha finally exclaimed, "I have my Visa, I am entitled to come to Canada to visit!"

(a) Is Tosha right? Must the CBSA officer allow her entry into Canada because she possesses a valid TRV? Briefly explain your answer.

(b) Referencing the relevant section of theImmigration and Refugee Protection Act, what is the likely concern of the CBSA officer. With reference to specific facts set out above, analyse and explain the CBSA officer's concern.

QUESTION 4

Paulo, a citizen of Argentina, entered Canada with a visitor's visa. He has been visiting a relative in Ottawa. He is quite awed by the "big city" and its progressive ways, which remind him of the reputation of Buenos Aires, the largest city in his homeland of Argentina. Paulo lives in a very small town in rural Argentina that is very orthodox in its values and beliefs. In talking with friends from his hometown, he heard of a friend who had been beaten by the police, just because he was gay. Paulo, who is also gay, made a refugee claim to stay in Canada, citing his fear of cruel treatment at the hands of the police due to his sexual orientation if he returned to his home country.

Would Paulo be accepted by Canada as a Convention Refugee or a "person in need of protection" within the meaning of the Immigration and Refugee Protection Act? Explain your answer using appropriate legal concepts and referencing specific facts.