Question: Course: Temporary Entry - Program: Canadian immigration law . Please follow all instructions carefully and do NOT use AI tools for generation. Answer this 3
Course: Temporary Entry - Program: Canadian immigration law.
Please follow all instructions carefully and do NOT use AI tools for generation. Answer this 3 questions only if you have a thorough understanding of Canadian immigration law, including relevant case law, acts, regulations, and IRCC guidelines.
Instruction - There are 3 sections:
- Prepare a list of ten MOST IMPORTANT questions for your interview to be addressed to the client during the interview. These must be the ones that have not been addressed in "intake form".
- Identify a list of MOST IMPORTANT THREE ADDITIONAL DOCUMENTS, which are not on the list under the"List Of Supporting Documents "below, but that your client should include with their visa application, and craft brief explanations (a one- or two- sentence) for why you would like to request those documents. These must be the ones that have not been asked from the client in "supporting documents".
- Analyse your client's case using the FILAC framework to assess their eligibility for a Temporary Resident Visa (TRV). Show your work on each issue. That is, label your analysis with the FILAC subheadings: set out the legally relevant facts; identify the issue (the "whether" statement); identify the primary law and policy that governs that issue; apply the law and policy to the facts; and state a conclusion on that issue. Cite any authorities you rely on in your reasoning (cases, legislation, policy) in accordance with the McGill Guide.
FILAC : you will analyse your client's case using the FILAC framework and prepare written notes on your analysis. Then, in Part 2, you will use your notes as a basis for interviewing and advising your client orally, and you will video record yourself doing this. As you begin to analyze your client's case, use the FILAC framework to support your reasoning. Using what you know about the law of TRVs (as explained in Module 1), articulate the legal issue/s that your client faces. (For a review of the legal reasoning process, see FILAC: A Framework for Legal Reasoning).
- Facts: As you read through the facts, keep the law nearby to help you identify what's legally relevant. Based on your understanding of the readings in this module, and on the relevant IRPA provisions, try to identify the facts that you think may be legally relevant. As noted above, it is easier to spot legally relevant facts when you know what the law requires.
- Issues: There is at least one legal issue implied in the case study. Extract the legal issue or issues you see and articulate it or them using the "whether" structure described in your Blatt & Kurtz text (circa page 80). You will need to analyze each issue separately: keep in mind your client's goals. To articulate the legal issues, you will need a good grasp of the relevant law - including legislation and case law - as well as government policy. Be prepared to reread the key legislative provisions and key cases as you articulate the issues. Consider whether your client is able to prove the truth of the relevant facts using credible evidence.
- Law: For each issue, identify the relevant legislation, case law, and/or policy that governs. Review the Module 1 Required Readings and Resources for relevant law and policy.
- Application and Conclusion: After thinking through your client's situation, the facts, issues, and the law, apply the law to your client's facts so you can answer your issue question (i.e., the "whether" statement from the "I" in FILAC) and predict their current likelihood of success in achieving their goals. The object here is to advise your client as to what they could do to improve their chances of reaching their goals. This will form the basis for your advice to your client.
The target word count for the FILAC analysis of Part 1 is 400 words (+/-50) in point form. A "grace" range of up to 50 words is permitted. Anything above or below that 50 - word range will impact your mark for "Communication". 51 - 100 words over or under will be considered an "error" and 100+ over or under will be considered a "significant error."
Further Information:
Interview intake form:Use the following intake form to develop your questions for the interview. Immigration practitioners use different intake forms and questionnaires depending on the type of service the client is requesting. This TRV intake form is short, but it will give you what you need to start the conversation.
- Family name: Gonzales
- Given name: Stiven
- Email address: ....@umc.com
- Telephone number: +592-111-1111
- Current residential Address: Lot 2, Main Street, Georgetown, Guyana
- Date of birth: 1999-01-01
- City of birth: Georgetown
- Country of birth: Guyana
- Citizenship: Guyana
- Previous country of residence in last 5 years: None
- Current marital status: Single
- If you are married or in common-law relationship, provide the date on which you were married or entered into a common-law relationship: Not applicable
- If you are married or in common-law relationship, provide the first and last names of spouse or common law partner: Not applicable
- First or primary language: Guyanese Creole
- Are you able to communicate in English and/or French? English
- Education - Level of education: 2-year post-secondary
- Education - Field of education: Cooking
- Education - School name: Guyanese school of cooking
- Education - Date of graduation: April 2022
- Education - Country: Guayana
- Work experience - Occupation: Chef
- Work experience - Name of employer: GGS - Gonzales Guyanese Specialties
- Work experience - Starting date: May 2022 up to now
- Purpose of the visit to Canada: From February 1st, 2025 To February 15, 2025
- Name of person or institution you are visiting: Monique
- Relationship to person or institution you are visiting: Sister
- Address of person or institution you are visiting: Ottawa, Canada
- Funds available for your stay: $6000 CAD
- Previous travels to any country: Twice to Brazil in 2020 and 2022 and Twice to Peru in 2017 and 2018
A client narrative:
- Stiven is a 25-year-old citizen of Guyana. He is single and resides with his parents in the city of Georgetown, in Guyana. His parents own and manage a family restaurant located in a reputable resort in Guyana.
- In April 2022, Stiven completed a 2-year post-secondary diploma in cooking and has been working as a chef with the family restaurant since May 2022. His annual income is CAD $18,000.
- Stiven owns an apartment in downtown Guyana which he rents to generate an additional income of CAD $12000 per year. He has a bank account with savings of approximately CAD $6000. Stiven has travelled twice to Brazil and Peru for tourism. In 2020, Stiven applied for a visitor visa to the USA and his application was refused.
- Monique, Stiven's sister, is a Canadian citizen, residing and working in Ottawa, Canada since 2013. Monique is married to Tom. The couple recently purchased a house in the city of Ottawa. Monique is the manager and owner of a restaurant specialized in Guyanese food. Her business is growing fast with revenues of about CAD $150,000 per year. Her net income is about $50,000 per year.
- Stiven is planning to visit his sister Monique for two weeks this upcoming winter. Monique will be hosting her brother during his stay in Canada. During these two weeks, Monique and Stiven are planning on doing some sightseeing and aiming to spend a weekend in Toronto and to visit Niagara Falls.
- Stiven is seeking to hire the service of an expert in immigration to apply for a visitor visa.
List of Supporting Documents: An incomplete list of supporting documents:This is a list of documents that you will need to request from your client. For Part 1, you must suggestthree additional documents that are not on this list (space is provided in numbers 8 to 10 below).
- Stiven's Passport
- Digital photo
- Monique's Canadian passport
- Stiven's proof of employment
- Stiven's proof rental income
- Affidavit from client - purpose of visit
- Copy of US refusal decision
- ???
- ???
- ???
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