Marsela is a permanent resident of Canada, and she would like to sponsor her husband Edon to come to Canada. From the facts of Marsela's case, and based on her goal, you will analyze her case to identify the legal issues she might face. Recall that the F-I-L process in legal reasoning - identifying legal relevant facts, articulating the issues, and finding the law - is iterative.

Your client may communicate many facts to you as they tell you their story. Some of these facts will be very relevant to the main legal issue or issues in your client's case.Other facts may be less relevant, or not at all relevant - but your client may still feel that it's important to communicate those facts to you. It is your job, based on what you know about the law, to identify the particular facts that are relevant to the legal issues arising in your client's case. It is also your job to identify facts that are essential but which are missing.

To accurately identify the legal issues here, think about what you already know about the law and policy governing family class applications for spousal sponsorship. It is easier to articulate legal issues when you know something about what the law requires because it allows you to identify whether your client's facts meet the requirements of the law. If not, then you may need to gather more information in order to advocate effectively on their behalf.

Marsela has retained you to help her with a family class sponsorship for her husband Edon. Both are citizens of Albania, but Marsela is a permanent resident of Canada. From interviewing Marsela in detail, you have discovered the following facts:

-Marsela became a permanent resident in April 2018. She was sponsored to Canada by her ex-husband. They separated in May 2018 and were divorced in June 2019. Marsela says the marriage broke down due to her ex-husband's alcoholism and abusive nature.

After her divorce, Marsela went back to Albania to be with her parents, and she remained there from July 2019 to July 2020. While there, in August 2019, she began a relationship with Edon who is 10 years younger than her. At that time Edon was still married and living with his wife Anna and their children. Edon and Anna separated in November 2019 and divorced in January 2021.

Edon's parents and two siblings live in Canada and are Canadian citizens. He has applied for visas to come to Canada three times before and was refused every time, because the visa officer did not believe he would return to Albania after visiting Canada.

Marsela married Edon in Albania in February 2021. His family did not attend the wedding because they were in Canada and they were all either working or studying full time. Her family did not attend the wedding because they do not approve of the marriage: Marsela is Christian and Edon is Muslim.

Marsela lived with Edon in Albania from February 2021 until November 2022. At that time, she was pregnant and returned to Canada to ensure the baby was born in Canada and therefore would be a Canadian citizen. She is now in Canada collecting social assistance since she cannot work while caring for her very young child. She is thinking about going back to Albania to be with Edon as soon as the baby is old enough to travel, at least until the sponsorship is completed.

Questions

Analyze Marsela's situation, and answer the questions using principles governing family class immigration to do this.

2. Briefly state Marsela's goal.
4. Identify some of the legally relevant facts in Marsela's case. What does it mean when we say a fact is legally relevant? How do you know that the facts you have chosen are legally relevant?
6. Identify the relevant law: one or two legislative provisions, one or two relevant cases, and a policy document that are relevant to Marsela's case. Briefly state how you found these or how you became aware of them.
8. Articulate some legal issues that arise from Marsela's facts and the relevant law.They can be general or very specific. Articulate each issue using the word "whether". Be sure your issue is a question that can be answered by the law in this area.
10. Finally, imagine that you are writing a submission on Marsela's behalf. Identify some of the evidence you would submit in Marsela's case as proof of the truth of or existence of the legally relevant facts.

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Marselas goal is to sponsor her husband Edon to come to Canada Legally relevant facts in Marselas case include 1 Marselas status as a permanent resident of Canada 2 Her previous marriage and divorce f... View the full answer