Question: Create the assignment based on the case study . submission will focus on a single H&C factor: Family Violence IN THE MATTER of a
Create the assignment based on the case study . submission will focus on a single H&C factor: Family Violence
" IN THE MATTER of a Humanitarian and Compassionate application (H&C) application for Prerana Kumari Verma, in accordance with section 25(1) of the Immigration and Refugee Protection Act. AFFIDAVIT OF PRERANA KUMARI VERMA I, Prerana Kumari Verma, born on January 18th, 1999, in Delhi, India, and currently residing in the City of Surrey, British Columbia, DO SOLEMNLY SWEAR TO THE FOLLOWING: 1. My name is Prerana Kumari Verma. I am the Principal Applicant in this Humanitarian and Compassionate Application (hereinafter "the Application"). As such, I have personal knowledge of the facts hereinafter deposed to. Where I do not have personal knowledge of a matter, I verily believe it to be true and have provided the source of my belief to the best of my abilities. 2. I was born in the city of Delhi in India on January 18 th , 1999. I have no children. 3. I graduated in 2022 from the Delhi Technological University with a Bachelor of Technology in Information Technology. 4. I arrived in Canada on June 30th , 2024, to work as an IT Network Support Specialist at Kwantlen Polytechnic University (KPU) in Surrey. At that time, I had a work permit, and my job offer from KPU had been approved. I worked full time, about 30 hours per week. I assisted members of the KPU community whenever they needed IT support. 5. On August 8, 2024, I married my long-time fiance, Amrish Kumar (d.o.b. March 30, 1997), who has lived with his family in Surrey since they immigrated here as permanent residents in 2023. Our families knew one another well in Delhi, and our marriage was arranged from a young age.2 2 6. In September of 2024, he applied to sponsor me under the Spouse or Common-law Partner in Canada class. 7. I then moved into Amrish's family home in Surrey, where we lived with his father (Viraj), his mother (Aditi), and his younger brother (Shriansh) and sister (Aanya). 8. Amrish was always self-assured and domineering. However, after we were married, Amrish became more abusive towards me. He would deposit my paychecks into a family bank account that he controlled with his parents, and he would give me a small allowance from my paycheck. He would often get angry with me, and would sometimes push and slap me. 9. Amrish's family supported him. I felt that they did not see his abuse of me as being wrong, and I did not expect them to protect me. 10. I planned to apply for permanent residence under the Canada Experience Class once I had worked the required hours. I would then be able to leave Amrish and his family's home. 11. On December 22, 2024, Amrish was drinking, and he lost his temper with me when I came home from work late and did not have dinner ready for the family. He hit me in the face with a pot lid, fracturing my jaw and breaking some of my teeth, and then he kicked me. 12. I went to the Surrey Memorial Hospital that night for treatment. Hospital staff phoned the Surrey Police Service. Two officers came and took a written statement from me. My jaw was wired shut for several weeks, and I was diagnosed with a concussion. I have attached a diagnosis from my physician, Dr. Octzman, as Exhibit "A" to this affidavit. 13. The Surrey Police officers went to Amrish's house, and they questioned him, and his mother and sister who were both in the kitchen when he hit me. They told the police officers that Amrish did nothing wrong, and that I yelled at him and hit him and then I fell and injured myself. 14. Because of this, the police did not end up recommending charges against Amrish. Instead, they issued a peace bond so that Amrish has to stay away from me for 12 months.
Instructions are as follow "Instructions
Reason and research before you begin to write
- Orient yourself to the law: review the information relevant to H&C applications and the assessment of H&C factors found in the course materials.
- Carefully review your client's affidavit and the following materials. You may cite any of these materials in your submission, to the extent they are relevant.
- IRPA s 25(1)
- Kanthasamy v Canada (Citizenship and Immigration),2015 SCC 61.
- Baker v Canada (Citizenship and Immigration), 1999 CanLII 699, [1999] 2 SCR 817(SCC)
- Locate and carefully review the government policy related to the specific H&C factor that you will argue. You may cite this in your submission, to the extent that it is relevant.
- Follow these steps to locate another case that supports your argument:
- Using CanLII, note-up Kanthasamy. Filter results to cases.
- Construct a keyword search-within your results as follows to narrow your results to only cases that contain:
- this exact phrase: family violence
- PLUS the word abuse within the same sentence as EITHER the wordfinancial or the word emotional,or any variations of these words
- Use filters as you see fit.
- BOOLEAN HINTS:
- For exact phrases, use quotation marks
- For words near each other, use a proximity connector
- for "PLUS", use the AND connector
- For "EITHER", use the OR connector
- To retrieve variations, use the root expander
- Having narrowed your results, choose one case and cite it in your argument. Hyperlink all case citations to CanLII. Failing to include a hyperlink for any case will be considered an error when your submission is assessed.
- Record your note-up process and search-within using click path notation (not a hyperlink) and include it in your Appendix (see below).
- Use what you have found - legislation, government policy and case law - to carefully reason through your client's case. Think about how the law and policy support your argument.
Draft your written submission
- Usethe Template for the Final LRW Assignment:ICL 810 LRW Template to draft a written submission based on your client's facts as set out in their affidavit. (Note: Even though H&C applications are now submitted electronically, follow this template, as you are still creating formal business correspondence). For this assignment, include the CREAC headings so it is clear to your instructor that you have included all the right elements, in the right order.
- Correctly cite each of the following. a. the relevant legislation b. the Kanthasamy and/or Baker decisions (what you cite is up to you) c. the case from step 5 above d. the relevant IRCC policy
- For case law, hyperlink the citation to CanLII. Failing to include a hyperlink for any case will be considered an error when your submission is assessed.
- Include an Appendix to your submission. It does not count toward your word count. It should have two headings:
"Search Record": Provide the click path record of your note up of Kanthasamy and search-within of results, from Step 6 above. "List of Enclosures": List the evidence you would obtain and submit in support of your argument. Your evidence should support any facts that you assert to be true and rely on in your submission. A appendix would also include the relevantIRCC document checklist, and the documents identified on it, for the particular kind of application you are submitting, but you do not need ot include it for this assingment."
Template :
of 2View as TextDownload Automatic Zoom Actual Size Page Fit Page Width 50% 75% 100% 125% 150% 200% 300% 400% Template for ICL810 Final LRW Assignment Note: This template provides a sample framework for organizing written submissions. There are many ways to organize and structure a written submission. For this assignment, use the headings set out below. When you are ready to draft your submission, simply delete this note and the [explanatory text] found under each heading. When that text is eliminated, this template consists of about 80 words, which are accounted for in the permitted word count for this assignment.
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