You are retained to represent Kamran with respect to his application for citizenship. Kamran first entered Canada
Question:
You are retained to represent Kamran with respect to his application for citizenship. Kamran first entered Canada as a refugee claimant from Iran on March 2, 2017 and was issued a work permit on that basis shortly thereafter. He was granted refugee protection by the RPD on January 9, 2018 and became a PR on February 18, 2019. Over the last few years, he has become successfully settled and has a full-time position as a delivery truck driver for FedEx. Most recently, he applied to IRCC for citizenship on February 25, 2022. He notes his absences from Canada since arriving as follows: July 27, 2018 to August 10, 2018 - United States - Visit Family October 5, 2019 to October 15, 2019 - United States - NFL football game June 30, 2021 to July 17, 2021 - United States - Visit Family
Question
The final concern Kamran raises is his inability to pass the written citizenship test with respect to his knowledge of Canada. Kamran explains that his refugee claim was based on the political persecution he faced in Iran for which he was imprisoned and subject to court-ordered lashings as well as other forms of severe mistreatment. As a result, he suffers from a head trauma that affects his cognition as well as continued Post-Traumatic Stress Disorder (PTSD) and generalized anxiety. Evidence of this was provided to support his refugee claim. One of the effects of this is that it is very difficult for him to retain new information and study for an exam such as the citizenship test.
In an email to Kamran, outline the advice you would provide to him with respect to this concern and the steps you would take in order to assist him. In your answer, please ensure to identify:
- the legal tests and requirements
- the hurdles/questions he might face
- the evidence you would obtain
- as well as the supporting case law and policy underlying your advice
For clarity, it is recommended that you structure your written advice by headings and sub-headings according to each issue, as appropriate.
Furthermore, feel free to place case law and policy references in footnotes if you consider them inappropriate to your client communications.
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