LAW 377.00 1
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Immigration Law
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Exam Code:
Return this exam question paper to your invigilator at
the end of the exam before you leave the classroom.
UNIVERSITY OF BRITISH COLUMBIA
FACULTY OF LAW
IMMIGRATION LAW 377.001
FINAL EXAM APRIL 2016
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PROFESSOR BANAFSHEH SOKHANSANJ
Reading Time for All Students: 15 Minutes
Students completing a 1 hour exam will have 1 hour + Reading Time
Students completing a 2 hour exam will have 2 hours
+
Reading Time
Students completing a 3 hour exam will have 3 hours + Reading Time
Instructions for Students:
1. This is an open book exam. Students may consult any printed material or text they
choose during the exam.
2. Students are not permitted internet access during this exam.
3. This exam consists of 7 pages
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please ensure you have a complete copy of the exam.
4. Students writing a one hour exam must answer PART A only.
5. Students writing a two hour exam must answer PARTS A and B only.
6. Students writing a three hour exam must answer PARTS A, B and C.
7. Students who are writing a three hour exam and therefore who are answering 1j
need to answer only ONE (1) question in Part C.
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PART A
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ALL STUDENTS must answer this question.
Please read the fact scenario below and answer the question at the end.
Your answer is worth 33 1/3 % of your mark in this course.
Juliet is a citizen of Italy who is studying for a degree in architecture at the University of British
Columbia. Juliet has a study permit which needs to be renewed every year. Before moving to
Canada to study Juliet was living in Verona, Italy where she worked for two years as a carpenter
building balconies after graduating from high school. Juliet lost her job in Verona in January
2014 as a result of the economic downturn in Italy. In Verona, Juliet lived at home with her
widowed father and her younger brother, Benvolio, who has a developmental disability and
needs extra care. Juliet’s maternal grandmother was born and lived in Canada and Juliet has
fond memories of holidays in Toronto when she was a young child.
In the 2000’s, while she was a teenager in high school in Verona, Juliet dated a much older man
named Paris. Paris had strong anti-government views and was a long-time member of an
organization called the “Capulets.” Juliet shared Paris’ political views. She attended several
Capulet meetings with Paris, helped him to put up posters and to recruit new members, and also
helped Paris to obtain various construction equipment and electronics supplies for the Capulets.
In her last year of high school Juliet became uncomfortable with rumours that the Capulets had
been responsible in the 1990’s for several acts of violence against civilians throughout Europe,
including assassinations of prominent political figures. Juliet immediately broke off her
relationship with Paris and ended her involvement with the Capulets. She has had nothing to do
with Paris or the Capulets ever since. Juliet is very embarrassed about her past involvement with
the Capulets, and she never tells anyone about it.
Shortly after arriving in Canada Juliet met and fell in love with a fellow Italian who was also
born in Verona, Romeo. Romeo is 25 years old and he immigrated to Canada with his parents in
2011. Romeo’s parents own a successful home renovation and construction business in
Whistler. Romeo and Juliet have been dating ever since they first met. They try to see each
other as often as possible, but it is difficult as Romeo lives and works as a ski instructor in
Whistler and Juliet is busy with her studies in Vancouver.
Romeo and Juliet travelled to Verona in December 2015 for a one week visit. On their last night
in Verona, Romeo and his cousin Mercutio went out for drinks at a bar and got into a noisy and
violent fisffight with Juliet’s cousin, Tybalt. Tybalt was very badly injured during the fight.
Romeo’s uncle in Verona has recently called Romeo and told him that the public prosecutor in
Verona is now investigating whether to prosecute Romeo for criminal assault. Romeo’s uncle
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PART A CONTINUED
assured Romeo that he is fairly certain nothing will come of the investigation as Romeo was
acting in self-defence.
Juliet wants to live in Canada permanently, but is worried about the well-being of her brother
and father if she does so. Ideally, she would like for all three of them to live in Canada together.
Juliet is also worried because she was so busy studying for exams this month that she forgot to
renew her study permit, which expired on March 31, 2015.
Romeo’s parents have offered to hire Juliet as an employee for their home renovation and
construction business, if this will help with her immigration matters.
Last week, Romeo received a letter from Canada Border Services Agency advising that it has
come to their attention that he may be inadmissible to Canada. The letter asks that Romeo attend
an interview with a Canada Border Services Agency officer on April 19, 2016.
Please answer the question below:
You are an immigration lawyer in Vancouver. Juliet and Romeo contact you and ask for
legal advice about their immigration matters, as well as Juliet’s father’s and brother’s
options for immigrating to Canada. Juliet and Romeo believe Juliet will qualify as a skilled
worker because they have heard that prospective immigrants who are qualified for jobs as
carpenters or architects are highly desirable as these jobs are classified as “A” or “B” in
Canada’s National Occupation Classification. Juliet and Romeo are not aware of any of
the other immigrant classes. They are also wondering (I) whether Juliet’s mother is a
Canadian citizen and, if so, whether this will affect Juliet’s and/or her father’s or brother’s
ability to immigrate to Canada; (ii) whether it will help Juliet’s or her family’s chances of
immigrating if she marries Romeo; and (iii) why the Canada Border Services Agency
would be interested in interviewing Romeo and what immigration processes might take
place for him.
What advice do you give to Juliet and Romeo? What questions do you ask them in order to
explain to them what the best option(s) may be?
In your answer, please clearly identify the statutory/regulatory provision applicable as well
as any applicable jurisprudence.
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Immigration Law
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PART B ONLY STUDENTS writing the TWO HOUR EXAM or the ThREE HOUR
EXAM must answer this question.
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Please read the fact scenario below and answer the question at the end.
Your answer is worth 33 1/3 % of your mark in this course.
Tranquility is a historically peaceful country made up a two islands: Flat Island and Lotus Island.
Tranquility is divided along ethnic lines. Ethnic “Flatlanders” compromise the majority in
Tranquility, and live primarily on the more populous Flat Island. Flat Island consists primarily
of sugar cane fields and sandy beaches. Most of the people who live on Flat Island are farmers.
The mountainous, thickly forested Lotus Island has a smaller population comprised almost
entirely of ethnic “Lotus landers.” Many residents of Lotus Island live in the vicinity of Port
City, which is the terminus of the ferry that travels between Flat island and Lotus Island.
The government of Tranquility is democratically elected. However, for the last 30 years it has
Tranquility is a signatory to the Refugees
been controlled by the Flatlander majority.
Convention, the International Covenant on Civil and Political Rights, and the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and has
codified the rights set out in these documents in its domestic laws. Historically, despite their
minority status, Lotus landers did not experience difficulties in Tranquility.
Rayna is a Lotus lander who grew up in Port City on Lotus Island. When she came of age,
Rayna married Harbin, a Lotus lander whose family operated a food truck that sold hot dogs and
sandwiches to dockworkers. Rayna moved in with her husband’s extended family where she
was responsible for tending the home while Harbin and his father were working on the food
truck. Shortly after they were married, Harbin’s family decided to sell the truck because, with
the global economic downturn, there were fewer customers. Harbin and Rayna decided to move
to Flat Island to try their luck finding work there.
Many other Lotus landers were moving to Flat Island at the same time. However, it was a bad
year for fanning as there was a drought throughout Flat Island. Flatlanders began blaming
recently arrived Lotus landers for wasting water and aggravating the drought. Rayna and Harbin
encountered significant intolerance and felt unwelcome. They could not find work because of
employers’ attitudes. Finally, when Rayna and Harbin’s savings were almost used up, Harbin
met Bruce, a Flatlander who owned a sugar cane farm on Flat Island. Bruce offered Harbin and
Rayna work and a place to live on his farm, on the condition that Harbin convert to the
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PART B CONTINUED
Flatlander religion. As the Flatlander religion did not consider women to be persons in the eyes
of the Divinity, it did not matter to Bruce whether or not Rayna converted. Hence, Harbin
converted to the Flatlander religion while Rayna remained a follower of the Lotus religion.
Things were going well enough for Harbin and Rayna but in the rest of Tranquillity tensions
were rising between Flatlanders and Lotus landers. Increasing numbers of Lotus landers were
moving to Flat Island, demanding equal access to employment and protesting against
discrimination. Meanwhile, the drought had led to an economic recession in Flat Island and
some Flatlanders began to demand that all Lotus landers be forced to return to East Province.
Lotus landers began to hold demonstrations and protests throughout Tranquility, demanding
better treatment. During one such protest on Flat Island, the leader of the pro-Lotus lander
movement was assassinated by a Flatlander. Violence erupted throughout Flat Island between
Flatlanders and Lotus landers, and the government declared a state of emergency in Tranquility.
Tranquillity had never maintained much of an anny but suddenly a group calling themselves the
Flatland Revolutionary Forces (FRF) emerged, claiming to support the government of
Tranquility. The FRF began arming and recruiting fanners in Flat Island. Bruce immediately
joined the FRF and abandoned his farm, leaving only Rayna and Harbin living there.
A few days later, neighbours told Rayna and Harbin that masked men had come looking for
Harbin while they were out. Harbin told Rayna not to worry and that everything would be fme.
Two days later Harbin disappeared. Rayna heard rumours that the FRF had killed Harbin on
suspicion of being a Lotus lander spy, and that groups of FRF militia were roaming through
farms and villages on Flat Island and summarily executing any Lotus lander whom they believed
to be a threat. Unsure of what to do, Rayna hid in her cellar.
Rayna only emerged from the cellar when she heard the voice of a childhood friend from Lotus
Island, Mako, calling from outside. Mako was traveling with three other men, one of whom was
badly injured, and asked Rayna if they could stay with her for a few days. Rayna, happy to see a
familiar face, readily agreed. She spent the next few days feeding and caring for the men while
they met in the cellar with other men and waited for the injured man to recover. Rayna tearfully
described Harbin’s disappearance and her fears of the FRF to Mako. Mako, in turn, told Rayna
that he and his men were members of the Lotus Liberation Army (LLA). Mako explained that
the LLA was a clandestine group formed to fight the FRF and to establish Lotus Island as an
independent nation. When Mako told Rayna that he and his group were heading back to Lotus
Island and invited her to join them on the journey to cook and clean, Rayna eagerly agreed.
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PART B CONTINUED
Before leaving Bruce’s farm, Rayna took all of the contents of Bruce’s safe (worth
approximately $20,000), as she did not want the money to fall into the hands of the FRF.
Upon arrival in Port City, Rayna and Mako parted ways. Rayna headed to her family’s home in
the outskirts of Port City. When she arrived, her family told Rayna she was an unwelcome
traitor. They had heard of Harbin’s conversion to the Flatlander religion. In the Lotus lander
religion, the religion of the husband is considered the religion of the family. Stories had also
reached Lotus Island of Harbin’s disappearance and many of Rayna’s family’s neighbours in
Port City believed Harbin had run off to join the FRF.
Rayna, desperate to prove her loyalty to her family, rummaged through her bag to fmd a small
package that Mako had given to Rayna to thank her. Rayna suspected the package contained a
letter from Mako thanking Rayna for her allegiance to the Lotus lander cause. Instead, Rayna
found a false passport with her photo and an airline ticket to Vancouver, British Columbia.
Rayna immediately left Tranquility and travelled to Vancouver. Upon arrival in Canada Rayna
made a refugee protection claim. Rayna’ s claim was referred to the Refugee Protection Division
of the Immigration and Refugee Board for determination. Shortly after arrival in Vancouver,
Rayna discovered that she is pregnant with Harbin’s child.
Human Rights Watch recently published a report on country conditions in Tranquility. The
report notes that there has been worsening violence throughout the country, and especially on
Flat Island. According to Human Rights Watch, the LLA had embarked on a systematic
campaign of killing, rape, mutilation, abduction and destruction against Flatlanders. The
Tranquillity government had recently passed special legislation under the state of emergency
allowing indefinite detention without charge or trial. Many of those detained simply disappear.
The special legislation also creates a new criminal offence of “supporting the LLA.” Persons
convicted under the new offence are subject to a life sentence.
Please answer the question below:
You are an immigration lawyer in Vancouver. Rayna asks you for advice as to the likely
outcome of her refugee protection claim, and what her options will be if the Refugee
Protection Division rejects her refugee protection claim. Please explain fully the issues
raised by Rayna’s claim. What will the likely outcome be, and why? In addition, please
explain what Rayna’s options will be if the Refugee Protection Division rejects her refugee
protection claim.
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Immigration Law
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PART C ONLY STUDENTS writing the THREE HOUR EXAM must answer this
question.
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Please answer only ONE (1) of the questions below.
Your answer is worth 33 1/3% of your mark in this course.
1. It has been stated that:
“The Canadian citizenship and immigration regime strikes an appropriate balance in
promoting the safety of Canadians and improving the integrity of the immigration
program while ensuring there are appropriate safeguards to protect the rights of foreign
nationals, permanent residents and citizens.”
Do you agree or disagree with this statement? Why or why not?
Please support your answer with references to legislation, jurisprudence and theoretical
readings covered in the course.
OR
2. In your view, does the Canadian citizenship and immigration regime place too much, too
little, or an appropriate emphasis on maximizing the economic benefits to Canada of
immigration?
Please explain and support your answer with references to legislation, jurisprudence and
theoretical readings covered in the course.
OR
3. In your view, how have international law and the Charter of Rights and Freedoms
impacted the Canadian citizenship and immigration regime?
Please support your answer with references to legislation, jurisprudence and theoretical
readings covered in the course.
END OF EXAMINATION