LAW 377.00 1 Immigration Law Exam Code: Return this exam question paper to your invigilator at the end of the exam before you leave the classroom. Page 1 of 7 UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW IMMIGRATION LAW 377.001 FINAL EXAM - APRIL 2016 PROFESSOR BANAFSHEH SOKHANSANJ Reading Time Students completing a 1 Students completing a 2 Students completing a 3 for All Students: 15 Minutes exam will have 1 exam will have 2 s + Reading Time + Reading Time exam will have 3 s + Reading Time Instructions for Students: 1. This is an open book exam. Students may consult any choose the exam. 2. Students during are not permitted internet access during printed material this exam. or text they 3. This exam consists of 7 pages please ensure you have a complete copy of the exam. 4. Students writing a one 5. Students writing a two exam must answer PART A only. exam must answer PARTS A and B only. 6. Students writing a three exam must answer PARTS A, B and C. 7. Students who exam therefore who need to answer only ONE (1) question in Part C. are writing a three and are answering1j
LAW 377.001 - Immigration Law Page 2 of 7 PART A 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
LAW 377.001 Immigration Law Page 3 of 7 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.
LAW 377.001 Immigration Law Page 4 of 7 PART B - ONLY STUDENTS writing the TWO HOUR EXAM or the ThREE HOUR EXAM 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. 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 been controlled by the Flatlander majority. Tranquility is a signatory to the Refugees 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
LAW 377.001 - Immigration Law Page 5 of 7 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.
LAW 377.001 Immigration Law Page 6 of 7 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.
LAW 377.001 - Immigration Law Page 7 of 7 PART C - ONLY STUDENTS writing the THREE HOUR EXAM must answer this question. 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. OR 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. 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? OR Please explain and support your answer with references to legislation, jurisprudence and theoretical readings covered in the course. 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