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Addendum

Addendum. Regarding ‘family class’ admissions: add Act s. 67 to the list of provisions in your pink syllabus. Family Class Migration. more women than men, more partners than any other relation a picture of the family Canada values

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Addendum

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  1. Addendum • Regarding ‘family class’ admissions: add Act s. 67 to the list of provisions in your pink syllabus

  2. Family Class Migration • more women than men, more partners than any other relation • a picture of the family Canada values • idiosyncratic and contextually limited definition of family also here • Madsen article and cases on Thursday

  3. 3 Aspects to Address • Sponsorship: who, how and appeals • Who can be sponsored: membership in the family class • Special provisions

  4. Sponsorship: The Centrepiece • Act s.13(1): citizens or PRs and 13(2) undertakings are binding • Key regs are 130-137 • 18yrs + resides in Canada** + application • Undertaking to reimburse for social asstc payments (3 yrs, 10 yrs, turning 25) • Promise to provide ‘basic requirements’ + for self + no impediments to doing so • Minimum necessary income: Stats Can LICOs, exemption for close family if that is small (s133(4))

  5. Bars to being a sponsor • not lying about intent • not subject to a removal order • not in jail or other like institution • not convicted of sexual or domestic violence offences (unless, long ago, pardoned, rehabd etc) • not in default on debts where the state has a stake (eg. other undertakings) • not receiving social assistance other than disability

  6. Sponsorship Appeals • Immigration Appeal Division • 3 possible outcomes (s. 67): error, NJ breach, humanitarian and compassionate grounds • two key criteria: • no access if sponsoree rejected bc of the ‘very bad’ admissibility rules • no h+c considerations unless ‘member’ of the family class and ‘sponsor’ defns satisfied

  7. Membership 1: Partners • married: dbl validity marriage rule • common-law partner: 1 yr cohabiting ** • conjugal partner: conjugal relp for one year • bad faith provision (reg 4): both aspects now relevant • unacceptably relationships (reg 5) • N.B. former fiance visa is gone

  8. Membership 2: Others • dependent child: basic age 22 + unpartnered, see s. 2 in regs • mother or father • grandparents • a dependant in a guardianship relp in specified cases • young single orphaned siblings, nieces/nephews and grandchildren • intended adoptees in specified circumstances • one other ‘relative’ if n=0 in all other membership sets • if not declared at time of application, never a member

  9. Special Provisions to Note • family related inadmissibility (Act s 42, Regs s 23) • accompanying + very close unaccompanying • ‘excessive demand’ aspect of health inadmissibility limited for close family In sum, an ‘inner’ and ‘outer’ circle of family prevails throughout these provisions

  10. Correction to Syllabus notes re exam • All exams are on the same day – Friday Dec 10th

  11. Lu v Canada 2004 I.A.D. • bad faith test to be read ‘conjunctively’: key sttty interp point • consider types of evidence presented (or absent) • language: appellant and applicant • intention to reside permanently as evidence of genuineness only • N.B. de novo hearings • issue estoppel not important • what would your own assessment of this story be?

  12. Macapagal v Canada 2004 I.A.D. • test for conjugal relationship: interdependence and 7 indicative factors • after this estd move on to bad faith analysis (? likely to fail here?) • N.B. use of Phillipine law • consequences of tribunal level decision • how does the evidence here compare with Lu? As counsel, what evidence would you submit?

  13. Vong v Canada 2004 I.A.D. • ‘mother’ is undefined in the IRPA and IRPR • nuturing relationship, recogzd in the community + possibly other factors, more than one mother is possible • looks to old Act and draws conclusion on the basis of a lack of definition • intent of Parliament to anticipate shifting attitudes toward family (??) • note comments re H&C considerations

  14. Natt v Canada 2004 FC • adoption validity and adding members to the family class • they were her dependent children at all times • culture context of understanding of adoption • what legislative purpose [seems to] animate s 117(9)(d)?

  15. Nguyen v Canada 2003 FCTD • remember trial division no longer exists • modern purposive approach to statutory interpretation: look to the object and purpose of the legislation, n.b. use of objectives clause • what do you think of the statement that “…such an interpretation is consistent with the principle of family reunification…” (at para 17)? • what does para 19 mean?

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