Case Brief Using the "IRAC" Method

• Issue
• Rule
• Application
• Conclusion

Discussion on Marriage Fraud in Immigration Law

• Analyze the threat of marriage fraud in Canadian immigration law.

Statutory Provision of "Bad Faith" Family Relationships

• Discuss Section 4 of the Immigration and Refugee Protection Regulations:
  • 4(1): Conditions under which a foreign national is not considered a spouse, common-law partner, or conjugal partner.

Legal Memo on "Bad Faith" Marriage Test

• Make a memo discussing the two-pronged test under subsection 4(1) of the Immigration and Refugee Protection Regulations.

Gill v Canada (Citizenship and Immigration), 2010 FC 122 (CanLii)

1. Brief the case law using the "IRAC" method.

2. Discuss the "threat" of marriage fraud in immigration law in Canada.

3. Discuss the statutory provision of "bad faith" family relationships, according to Section 4 of the Immigration and Refugee Protection Regulations, as follows:

4(1)For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a)was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

(b)is not genuine.

For the purposes of these Regulations, a foreign national shall not be considered a spouse, a

common-law partner or a conjugal partner of a person if the foreign national has begun a new

conjugal relationship with that person after a previous marriage, common-law partnership, or

conjugal partnership with that person was dissolved primarily so that the foreign national,

another foreign national or the sponsor could acquire any status or privilege under the Act.

4. Make a LEGAL MEMO regarding "the caselaw on the two-pronged test under

subsection 4(1) of Immigration and Refugee Protection Regulations, the "bad faith" marriage test."