Question
Your client, Ashkan Shirazi, a citizen of Iran, applied under the Federal Skilled Worker Class as a financial analyst. The following facts summarize his application
- Your client, Ashkan Shirazi, a citizen of Iran, applied under the Federal Skilled Worker Class as a financial analyst. The following facts summarize his application at the time of filing:
- He has two master's degrees - a Master's in Business Administration (MBA) and a Master's of Science in theoretical physics.
- He achieved CLB 7 for each language skill in English. He submitted no results for a language test in French.
- In the 3 years prior to his application, he worked as a portfolio manager for Bank Sepah in Tehran. His annual salary was 790,000,000 Rials, or approximately $24,932.64.
- He is 35 years old.
- He does not have arranged employment in Canada.
- His wife has a doctorate in physics from the University of Tehran. She achieved only CLB 3 in each language skill area in English.
- The applicant's father lives in St. John's, Newfoundland with his wife. They are both permanent residents of Canada. The applicant's father married his new wife in Iran after his first wife - the applicant's mother - died when the applicant was very young. They have been married for 30 years. The applicant has no other relatives in Canada.
- In his application, he provided a letter from two banks showing that he had $29,000 in unencumbered, available, and transferable funds. Besides his wife, he has two children.
Case Study Activities
Make sure that both your original thread and group discussion covers all four sets of guiding questions, below.
Part I - Basic Steps
For the first part of this exercise, list 4-6 steps, in order, you would take to respond to the procedural fairness letter.
Groups should consolidate suggestions into a complete but concise list of steps.
Part II - Gathering Documents
For each of the two main issues identified in the PFL ("settlement funds" and "adaptability points",brainstorm documents you might gather to address each issue.
Groups should consolidate suggestions into a list of 4-5 suggestions to discuss at tutorial.
Part III - Legal Research
The legal question:
Can the applicant's relationship to his father's widow serve as the basis for points for adaptability?
Answer the question, citing at least one relevant case in support. Groups may wish to share research strategies here, in addition to coming to a consensus on the appropriate answer.
Part IV - Substituted Evaluation
Could a request for substituted evaluationhelp achieve a successful outcome for your client?
Brainstorm arguments and/or documents you could present.
Groups should consolidate suggestions into a list of the 4-5 best suggestions to discuss at tutorial.
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