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Our written assignment this term will take the form of a legal memorandum. A legal memorandum is a form of legal writing in which the author sums up the results of their legal research and applies the law to a specific legal question or problem.
The Memorandum is worth 30% of your grade. Please review the attached Grading Rubric to see how marks will be awarded for this assignment.
This legal memorandum will be about 6 to 7 pages in length, not including references, with a size 12 font, and double spaced.
For this writing assignment, imagine that you are a legal researcher working for the Immigration Legal Clinic (ILC), a community legal clinic in New Westminster that provides free legal advice to immigrants in need. This term, our clinic has a number of clients who each have specific immigration problems that they have come to us to solve. You will choose one of the fact scenarios outlined in the instructions below, research your client’s case, and draft a legal memorandum setting out the client’s options, explaining to the rest of the ILC how we will solve that client’s immigration issue.
A legal memorandum is a form of legal writing in which the author sums up the results of their legal
research and applies the law to a specific legal question or problem.
This legal memorandum will be about 6 to 7 pages in length, not including references, with a size 12 font, and double spaced. This assignment is due at the end of Week 10, and you will submit it in the assignment drop box on Blackboard before 11:59 pm on November 17th. The Memorandum is worth 30% of your grade. Please review the attached Grading Rubric to see how marks will be awarded for thisassignment.
For this writing assignment, imagine that you are a legal researcher working for the Immigration Legal Clinic (ILC), a community legal clinic in New Westminster that provides free legal advice to immigrants in need. This term, our clinic has a number of clients who each have specific immigration problems that they have come to us to solve. You will choose one of the following fact scenarios, research your client’s case, and draft a legal memorandum setting out the client’s options, explaining to the rest of the ILC how we will solve that client’s immigration issue.
The Immigration Legal Clinic’s Clients:
You will choose to write your memorandum on one of the following clients. Their situations are as
1. In-Home Caregiver
Rosa Bautista is a child-care worker from the Philippines. She first came to Canada in August of 2017 to work for the Anderson family in West Vancouver as an In-Home Caregiver, looking after their two children. However, in February of 2020, the Andersons’ youngest child turned 18, and Rosa was no longer eligible to continue working for them, under the terms of her work permit.
She found a new job working for Ruby Gill, the Member of Parliament for Vancouver Granville. She moved in to Ruby Gill’s house as an In-Home Support Worker in the first week of March. Rosa’s job is to take care of Ruby’s mother, who is not yet 65 years old, but who has a disability.
However, things started to go wrong almost right away. Rosa was given heavy tasks to do, like cleaning the garage, and even moving boxes for Ruby’s brother’s packing company. She was asked to work very long hours, even on weekends, and was told to do all of the cooking and cleaning for the family. Expenses for room and board were deducted from her paycheck. Ruby even took Rosa’s passport, 2 stating that she needed it to fill out paperwork. Worst of all, Rosa suspects that Ruby’s mother is not really disabled, meaning that Rosa is not complying with the terms of her work permit. Rosa’s work permit is set to expire in 4 weeks. She is not sure if Ruby can be trusted to renew it, or that she can find a new employer in time.
Rosa is willing to put up with this ill treatment because she is very close to achieving all 3900 hours of work that she needs to finally apply for permanent residence. She only needs to work the last remaining 600 hours, which she had planned to finish by the end of this summer.
Rosa has been working in Canada these past three years, hoping to be able to sponsor her 6-year-old son, Daniel, and her mother to come to Canada. She has missed her family, and it has been a tremendous sacrifice to leave her son in the care of her elderly mother in the Philippines. But if Rosa is found in non-compliance, it will all be for nothing. Rosa is worried, and she doesn’t know what to do. What can the ILC do to help Rosa? How should we advise her?
2. Semi-Skilled Worker
Javier Hernandez is a 34-year old man from Honduras. He has a spouse, Liliana, and three young children who are all in primary school. After the Honduran coup of June 2009, Javier went to the United States for several years. He lived in Colorado and Arizona and worked as a long-haul truck driver for 7 years before returning to Honduras. While in the US, Javier did not have a work permit, or any formal status. He was convicted in April of 2010 of Driving While Under the Influence (DWI) and paid a fine as his penalty after pleading ‘no contest.’ Since returning to Honduras in 2016, Javier has worked on and off at odd jobs in construction, vehicle maintenance, and truck driving, but has not been able to find steady employment. Fortunately, Javier
received a high school diploma through a community program while he was living in Colorado. He has not taken an English test, but he speaks English fluently, and he is willing to improve his reading and writing skills. Liliana also speaks English quite well. She has no formal education, but she worked in a meat-packing plant in Colorado for a few years before having children.
Javier and Liliana very much want to leave Honduras to better the future of their family and their
children. The schools in Honduras are of poor quality, and free schooling is only provided until grade 6. They would like to leave very soon, because their eldest daughter finishes elementary school this year, and they cannot afford to send her to school in the fall. They have spoken to some cousins who live in Vancouver, and have decided that Canada may give their family a better life than the United States. Their cousin told Javier that BC has a special program for low-skilled workers like himself. Is the Hernandez family eligible to immigrate to Canada? Are they inadmissible? If eligible, what is their best path to immigrate? Can Javier get a work permit and come to Canada, while their application for permanent residence is pending? What can the ILC do to assist the Hernandez family?
3. Family Members in Need of Protection
Farid Abadi is a 48-year-old man who lives in Coquitlam with his wife and two children. He has a good job as a computer engineer with a local company, earning about $65,000 per year. Farid first came to Canada from Syria on a work permit almost 20 years ago and is now a Canadian Citizen.
Farid’s elderly mother, Umm Hussein, and his 19-year old sister, Amira, still live in Syria. Since Farid’s older brother left to live in Copenhagen with his family last year, Umm Hussein and Amira have been living all alone. Umm Hussein is in poor health and suffers from diabetes. Amira has finished high school, but it is unsafe for her to leave the house alone to go to work. The only income they have is the money Farid and his brother send to them every month. The security situation in the Damascus neighbourhood where Amira and Umm Hussein live is
deteriorating due to armed conflict and sectarian violence. There was a car set on fire last week. With the COVID-19 pandemic, some of the local shops have run out of food. Farid is desperate to bring his mother and sister to Coquitlam to live with him as soon as possible. He has been asking around the local Syrian community, and some have told Farid that he can buy false
Canadian passports on the black market and fly his mother and sister here. They can claim refugee status at the airport. Others have suggested to Farid that Amira marry a Canadian who can sponsor her to come to Canada. Many Syrians do have arranged marriages. Farid is looking to find someone who is willing to travel to Syria to conduct a marriage in person, as required by immigration. He does not know if this is a good idea, and it has proven very difficult in a pandemic.
Violence against women in war-torn Syria is endemic. Are Amira and Umm Hussein persons in need of protection? What does the ILC recommend as being their best option to come to Canada on a path to permanent residence?
4. Humanitarian & Compassionate Class?
Abida Parveen is a 22-year old mother living in Surrey with her infant daughter, Jamillah, who is just 16 months old. Abida married her husband, Jamal, in India two years ago in a marriage arranged by their families. Since Jamal was a Canadian citizen, he sponsored her to come to Canada. They moved to Surrey a few months before their daughter’s birth.
However, before the spousal sponsorship could be processed, Jamal was killed in a car accident. Abida lived for a time with Jamal’s parents in their home in Surrey, but they have since returned to India, where they have several sons, a home, and a business. With the pandemic, they cannot come back, and Abida thinks they are unlikely to do so. Abida and her daughter now live in a small apartment in Newton. She sometimes receives money from Jamal’s family in India, but she has to keep asking them for it. Abida’s parents came from Pakistan to India many years ago, before Abida was born. They never registered for any documents, or received any official notice of citizenship. Abida herself has no proof of citizenship in India. Last December, India passed the Citizenship (Amendment) Act, 2019, which provides 4 a path to Indian citizenship for many undocumented minorities living in India. However, Abida and her family are Muslim, and so she would not benefit from the provisions in the Act. Abida thinks that she is
stateless. Abida also thinks that her daughter Jamillah is not an Indian citizen. India’s nationality laws require that a child have at least one Indian parent who has citizenship before the child is eligible for citizenship. Jamal lost his Indian nationality when he acquired Canadian citizenship, long before Jamillah was born. Abida thinks that Jamillah is a Canadian citizen since she was born here – at the Surrey Memorial Hospital. Abida therefore has come to the ILC asking if she is, indeed, a stateless person, and if her daughter is a Canadian citizen. She has no legal status in Canada, and she thinks her visitor’s visa expired a long time ago. Yet she fears being deported to India, for she is a poor widow, a single mother, and she does not think that she or her daughter would have any legal status in India either. (Hint: Abida’s legal analysis seems to be correct.)
Abida wants to know if her spousal sponsorship can still be processed, despite her husband’s death. If not, she wants to know if there is anything that she can do to stay in Canada permanently and raise her daughter here. She speaks a bit of English, and she has no post-secondary education, but she did finish high school in India. How can the ILC assist Abida and Jamillah to obtain legal status in Canada? Format of the Memorandum:
Your memo will include the following sections:
To: Dr. Tracey Dowdeswell
Re: [Name of Client and Matter]
Date: 17 November 2020
This is the question that the memo is intended to address and will depend on which scenario you
choose. For this assignment, the legal question is going to be about what options are available to your
client to solve their current immigration issue. It should be only one sentence or two. It should be
This is how you answer clearly – and briefly in a sentence or two – the legal question above. It will
depend on which scenario you choose, but the answer to the legal question will state which option has
the best chance to solve your client’s immigration issue and set them on a path to permanent residency.
This section states all of the facts of the client’s matter on which you have based your legal analysis and
answer. Because this is a hypothetical scenario, you may change or even invent a relevant fact, if you
feel it is useful for your analysis. This section should be concise and contain only a paragraph or two.
This is the main section of your assignment. Here, you want to outline the various options available to
the client – if there are more than one. You will discuss the options, setting out the legal rules, including
relevant sections of the IRPA and IRPR, any relevant case law, and briefly describe the process involved.
Describe the possible outcomes, and how likely you think they are. Discuss any pros and cons to the
client of this process as an options for them. Remember that doing nothing is always an option.
When you have chosen an immigration pathway, include a list of the application forms and guides we
will need for the client. You may meet this requirement by listing the necessary forms and guides in an
Appendix at the end of your memorandum. Please also list documents the client needs to provide – you
may meet this requirement by attaching a Document Checklist to your memorandum.
For this assignment, please include at least 2 cases that are relevant for your topic, and a further 3
scholarly sources – outside of the Act and Regulations.
In this section, you will sum up the process/path to permanent residency for your client that you think is
the best way in which to solve their current immigration problem. You will sum up the reasons why you
think this is the best possible option, and what you think the chances are of a good resolution for the
You will be using APA-style references for this assignment. Please use correct in-text APA citations,
including the Author/Case Name, year, and page number in brackets at the end of the sentence. Ex.
(Dowdeswell, 2020, p. 2). At the end of your paper, include a full list of References in APA-style format.
You will include as your sources:
§ IRPA and IRPR, if relevant
§ Any other relevant legislation, such as the Citizenship Act, the Charter, or rules of a court or
§ At least two relevant cases
§ At least three other scholarly sources. Scholarly sources include articles published in academic
journals, or law reviews, or Government of Canada Guidelines that describe how certain
immigration cases are processed.
§ You should therefore have at least 5 scholarly sources, in addition to relevant statutes and