This assessment allows you the opportunity to grapple with a common admissibility issue that you will likely see in your practice. It requires you to be able to explain in plain language the consequences of your client's actions on their immigration prospects and correctly identify their available options. It also requires you to be able to outline to your client the different ways that inadmissibility is assessed from outside and inside Canada.

Fact Scenario

Mari, a permanent resident of Canada, and her parents had a consultation with you via Zoom, seeking your advice because of a letter that her parents received from IRCC. Mari told you that she was successful in obtaining a spot in the 2020 lottery to sponsor a parent or a grandparent. She sponsored her father and mother - Ricardo Luis de Montalban and Jimena Maria de Montalban. In their application for permanent residence, her father responded "no" to question 4(a), which asks whether he had been convicted of, or was a party to a crime or offence, or the subject of any criminal proceedings in any country.

Shortly after, her parents received a procedural fairness letter (PFL) from IRCC advising that they may be inadmissible to Canada. The letter further advised that IRCC had received information from the Fiscalia General de la Republica that there is registered data of a criminal nature pertaining to her father, Ricardo Luis de Montalban, and gave them 30 days to respond.

Mari told you that, aside from the shock that both she and her parents experienced from receiving the letter, her father has recently recalled being convicted of driving with 0.08 blood alcohol content in Mexico on December 27, 1998 . He was sentenced to a fine, license suspension and community service. Her father advised her that he believed he was answering the question correctly, as he understood that his prior convictions had been expunged by operation of Mexican law in 2000 when his sentences were completed.

Mari is concerned that her parents may not be granted permanent residence because of the PFL that she has received.

She asks you the following questions:

• Are her parents likely to be found inadmissible, and if so on what ground(s)?
• If her parent(s) are found inadmissible, are there any consequences and is there any way to overcome their inadmissibility?
• Are there any other means by which her parents can come to Canada, either temporarily or permanently and what are the chances of success?
• What should her next steps be?

Instructions

Draft an email to your client or clients in response to their inquiries. Although email may seem informal, keep in mind that it should still conform to the standards for professional legal writing, with adjustments made for the nature of your audience.

Your email should be between six hundred to seven hundred in length.