SPONSORSHIP CASE 2 Dan Li is a Canadian citizen and is 35 years old. She was born in China, and grew up there. She got married to her first husband in 1999 in China, and moved to Canada shortly after their marriage. Their marriage broke down in 2009, when Dan Li discovered that her husband was cheating on her and they later divorced. It was during this same time period that Dan Li discovered that she was pregnant and gave birth to her son in February 2009. In January 2010, Dan Li returned to China for Chinese New Year and to introduce her son to her family there. During this visit, Dan Li bumped into Yu Han, who is now 37 years old, who immediately took a liking to her. They kept in touch by telephone throughout 2010, and Yu Han proposed to Dan Li in November 2010. They got married in China in February 2012. Since their marriage, Dan Li has returned to China on four occasions, including one period where she stayed with her son and Yu Han for an entire year. They have both visited each other's families in China for Chinese New Year, and Yu Han provides money to Dan Li to support her life in Canada. Dan Li and Yu Han decided that they wanted to live in Canada, and Dan Li started on the application process. They were rejected twice in 2014 and 2016, because the visa officer did not believe in the genuineness of their marriage. Undeterred, they tried one more time in January 24, 2017. This time, their lawyer and Yu Han's niece helped prepare Yu Han for the interview by giving him "cheat sheets" so that he would not get nervous about the questions, like he did the previous two times because he has a very bad memory. In spite of these "cheat sheets", their application was rejected again, because the visa officer felt that if the marriage was genuine, a husband would not need to have "cheat sheets" to help answer questions about his marriage. Dan Li has come to your office on January 29, 2017, and is seeking to Appeal. Case Study Questions: 1)Which Division of the IRB would hear this case? 2)Who is the Appellant(s)? 3)Who is the Respondent? 4)If you were representing this client, how would you initiate the appeal process? Please refer to the appropriate Rule(s) to support your answer. 5)Are there any deadlines that must be complied with? Please refer to the appropriate Rule(s) to support your answer. 6)Who is responsible for preparing the "IRB Record"; what documents would be included in this record, and when is it due? 7)In your opinion, what would be the IRB's decision? Please refer to the appropriate Rule(s) to support your answer. a)In your opinion, would you represent this client? b)Depending on your response above, draft an engagement or a non-engagement letter to the client confirming the facts and the legal issue(s). In addition, confirm the legal position of the client, and your position on the matter. Website http://www.irb-cisr.gc.ca/Eng/RefClaDem/pages/ RpdSpr.aspx https://irb-cisr.gc.ca/en/Pages/index.aspx