Connecting Facts
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Queens University *
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206
Subject
Law
Date
Feb 20, 2024
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docx
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Uploaded by AgentStar117761
Connecting Facts, Issues and Law in Marsela's Case
1.
Briefly state Marsela's goal. Answer: The main goal of Marsela is to get her husband permanent residency in
Canada through family class sponsorship program.
2.
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?
Marsela became permanent resident in April,2018 sponsored by her ex-
husband whom she divorced in June,2018.
Then she remarried Edon in February,2021 who was not only 10 years younger
than her but was also married with two kids, when they started dating.
Edon has multiple visa refusals for Canada despite his parents and siblings
already being Canadian citizens.
Marsela and Edon’s marriage not approved by Marsela’s family and none of
the family members from both the sides attended their marriage in Albania.
Marsela has a very young child shared with Edon.
Financially, Marsela is not strong as she is on social assistance while taking
care of the baby.
Legally relevant facts are those highlighting points in the client’s history which
would influence the eligibility of the application, thus affecting the final
decision as well. I can say that the facts I have chosen are legally quite relevant
because I chose them based on the legal reasoning framework in accordance
with the family class sponsorship category information I gained while reading
the associated material. By applying laws to some of these facts, application
can be strengthened to get approval.
3.
Identify the relevant law: one or two legislative provisions, one or two relevant cases,
and policy documents that are relevant to Marsela's case. Briefly state how you found these or how you became aware of them.
Immigration and Refugee Protection Regulations (SOR/2002-227)
Section 12(1) of Immigration and Refugee Protection Act (S.C. 2001, c. 27)
Sponsor your spouse, common-law partner, conjugal partner or dependent
child – Complete Guide (IMM 5289)
dela Fuente v. Canada (Minister of Citizenship and Immigration)
(F.C.A.), 2006
FCA 186 (CanLII), [2007] 1 FCR 387
Mollo v Canada (Citizenship and Immigration)
, 2023 CanLII 100253 (CA IRB)
I was able to search these by using Justice laws website, CanLII and IRCC
guidelines on google search.
4.
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.
Answer: There can be a few legal issues that can be articulated from the description
given Marsela.
The first can be doubts on the relationship between Marsela and Edon that
whether it is genuine based on the fact that they have an age gap of 10 years,
and no family member of either side attended their marriage.
Next one can be related to very less time between Marsela’s own permanent
residency approval and divorce time, whether she is eligible herself under the
section 12 of IRPA for sponsoring or not.
Previous multiple visa refusals for Edon can also be an issue that he is applying
again and again to enter Canada so whether his intentions are genuine or not.
Lastly the factor related to Marsela’s low income due to being on social
assistance can also pose a problem that whether she will be able to financially
support her spouse or not.
5.
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. Answer: There are many proofs and documents that can be submitted to strengthen Marsela’s sponsorship application. Few of them are listed below;
Marriage Certificate.
Picture or videos related to their marriage.
Declarations from close relations/friends depicting authenticity of their relationship.
Joint bank accounts, Insurance documents, Rental Lease agreements, utility bills.
Phone call logs, Text messages or other social media interactions.
Edon’s educational background certificates, previous job experiences.
Shared bank account balance information for financial stability.
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