Instructions: Using the CREAC Format, write a written submission from the AFFIDAVIT OF MARYSE SOPHIE TROUILLOT who is applying for PR under H&C grounds. For this assignment, use only one H&C factor, which is the client's establishment in Canada.

1. Carefully review your client's affidavit and the following materials:
   • IRPAs 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)
2. To help orient you to the law, review information relevant to H&C applications and the assessment of H&C factors found insecondary sources, such as your textbook and course materials.
3. Identify and carefully review the government policy related to the specific H&C factor that you will argue.
4. Locate and read the following case: 2022 FC 340. Plan to cite this case in your argument.
5. Note up 2022 FC 340. Filter to court cases decided in the past two years. From your results, select what you believe is the best case and use it in support of your argument (together with the original case).
6. Use click-path notation to create a precise record of the steps by which you located this second case, including the initial note-up described in step 5. Your click path should be detailed enough that another researcher could replicate exactly what you did, and obtain exactly the same results.
7. Use what you have found - legislation, case law and policy - to carefully reason through your client's case. Think about how the law and policy supports a decision that is favourable to your client.

Draft your written submission

1. Usingthe Template below your assignment and the headings identified there, draft a written submission that adheres to the CREAC format, based onyour client's facts as set out in their affidavit, and on the following legal authorities:
   • the relevant legislation
   • the relevant IRCC policy
   • the leading case law on H&C considerations
   • the two cases from steps 4 and 5 in the Instructions. Do not do any further research.

Correctly cite each of these legal authorities in your submission.

2. Your submission will be in the form of a letter. Use the headings provided in the Template to organize your submission.

3. Include an Appendix to your submission. It should have two headings:

• • "Search Record": Paste your click path notation from Step 6 above to provide a record of the way you found your second case.
  • "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 complete appendix would also include the relevantIRCC document checklist, and the documents identified on it, for the particular kind of application you are submitting.

USE THIS TEMPLATE TO WRITE YOUR SUBMISSION:

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.

IRCC - Humanitarian Migration Office

300 - 800 Burrard Street

Vancouver, BC V6Z 0B6

Dear Sir/Madam:

Re: XXXXX Citizen of XXX

D.O.B: yyyymmdd

UCI: -----------------

Application No.: -----------------

Re: Application for Permanent Residence on Humanitarian and Compassionate

Grounds under subsection 25(1) of the Immigration and Refugee Protection Act and section 66 of the Immigration and Refugee Protection Regulations

Introduction

[State the purpose of your submission and what your client seeks. In doing so you will essentially be presenting the Conclusion you have reached through your case analysis (FILAC). Focus only on the single H&C factor identified in the instructions. Do not address other factors, even though they may exist.]

Background Information

[Offer a cogent overview of your client's situation. Humanize your client. Preview some of the facts relevant to the H&C factor you are addressing. Do not make up facts that are not found in the affidavit or scenario.]

Rule

[Introduce and quote or briefly paraphrase the legislation that governs this issue. Cite the law correctly.]

Explanation

[Use leading cases, government policy and other case law to explain how the legislation should be interpreted and applied in your client's case. Feel free to split this into more than one paragraph. Cite the law and policy correctly.]

Application/Analysis

[Show how the law applies to your client's facts. Explicitly connect the situations described in the relevant case law and policy to your client's facts.]

Closing and Conclusion

[Summarize your argument in a persuasive sentence or two and restate your conclusion, including the outcome you seek on behalf of your client.]

List of Enclosures

[Indicatethat you have included an appendix to this submission which contains a List of Enclosures identifying the evidence submitted in support of the client's application]

Appendix (not included in word count)

Search Record

[provide the click path notation for your search here - see Instructions]

List of Enclosures

[In additional to your client's affidavit, identify at least two types of documents you would include with your submission as evidence in support of your argument.A complete appendix would also include the IRCC document checklist for this type of application together with all the documents mentioned on it].