Marsela
docx
keyboard_arrow_up
School
Queens University *
*We aren’t endorsed by this school
Course
ICL810
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by ProfCoyotePerson993
Instructions and Submission
Analyze Marsela's situation, and answer the questions below in preparation for tutorial. You will need to recall some basic principles governing family class immigration to do this. Submit your responses to the drop box indicated below prior to your Week 5 tutorial.
1.
Briefly state Marsela's goal.
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?
3.
Identify the relevant
law
: one or two legislative provisions, one or two relevant cases, and a policy document that are relevant to Marsela's case. Briefly state how you found these or how you became aware of them.
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.
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.
1.
Marsela’s goal is to sponsor her husband through spousal sponsorship as a Permanent Resident of Canada
2.
Facts:
a.
Marsela became a PR in April 2018 through spousal sponsorship by her ex-
husband
b.
Marsela and her ex-husband separated in May 2018 and were divorced in June 2019
c.
While Marsela was visiting her parents in Albania in August 2019, she began a relationship with Edon
d.
Edon’s visa applications to Canada have been refused 3 times
e.
Marsela and Edon got married in Albania in February 2021 and lived there until November 2022
f.
Marsela gave birth to her baby in Canada and is currently collecting social assistance
A legally relevant fact is something that has an impact on the outcome of the case. The facts I have chosen outline the background of Marsela’s case and reasons why it could be complicated
3.
Relevant laws”
a.
Policy document IMM 5289 (Sponsor your spouse – complete guide): You must be able to prove that you are not receiving social assistance for reasons other than a disability BUT You can still sponsor if you are receiving maternity, parental
and sickness benefits paid under the Employment Insurance Act. These benefits also count as income for the purposes of meeting the MNI. I found this by looking for the guide on Canada.ca
b.
Legislative provision IRPA (SC 2001, c. 27): 12
(1)
A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. I found this by looking for the IRPA on Justice Laws
c.
Legislative provision IRPR Section 4 (1)(b) – Bad Faith: 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. Found this by searching for relevant cases on CANLII
d.
Relevant case: Mendoza v Canada (Public Safety and Emergency Preparedness), 2021 CanLII 151989 (CA IRB
). Found this on CanLII by looking up cases that cited IRPA and had the words “spousal sponsorship and inadmissible” in them
e.
Relevant case: Dilawar v. Canada (Citizenship and Immigration), 2023 FC 818 (CanLII)
4.
Legal issues:
a.
Whether Marsela is able to support herself and her family financially
b.
Whether Marsela meets the requirements for being a sponsor
c.
Whether Marsela can prove that her and Edon plan to live In Canada when Edon becomes a permanent resident
5.
Marsela and Edon’s marriage certificate, proof of relationship starting in Aug 2019, divorce certificates from their previous marriages, evidence of communication, Marsela’s PR status proof, proof of cohabitation, bank statements, proof of income prior
to having a child, Edon’s refusal letters from previous visa applications, evidence of other family residing in Canada, birth certificate of baby born in Canadas
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help