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Syllabus - ICL 850 Family Class Immigration

F21

Information Evaluation Communication Policies

Information

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 COURSE DESCRIPTION

The Family Class Immigration course will prepare students to represent families and individuals in Canada
who are seeking to sponsor an overseas family member.

The course will also show students on how to prepare a sponsorship appeal before the Immigration
Appeal Division (“IAD”), in addition to training students to succeed on the ICCRC regulatory exam.

The course will examine the relevant sections of the Immigration and Refugee Protection Act and its
Regulations that cover the eligibility requirements for Family Class sponsorship.

The course will also focus on the changes to the definition of who is a member of the family class,
international adoption, and discretionary requests for humanitarian and compassionate processing within
a sponsorship application.

Students will be prepared to attend and advocate as counsel before the IAD, prepare witnesses to appear
in a sponsorship appeal, prepare evidence packages to support an appeal, and understand the ICCRC
professional rules that are most relevant to Family Class Immigration.

Students will be expected to learn the definition of Family Relationships under IRPA (i.e. “spouse”,
“common law partner”, “conjugal partner”, and “dependent child”).

Students will understand the procedure of how to make both an overseas and in-Canada spousal
sponsorship application, how to advise potential clients about the eligibility requirements, and common
ethical considerations that arise in a joint retainer.

This course will also include a summary of the relevant jurisprudence that has shaped the definition of the
Family Class under IRPA, including the Supreme Court of Canada’s decision in M. v. H that sets out the
factors to determine a conjugal relationship.

Students will learn about complex practice issues that arise in sponsorship applications, including how to
advise clients who do not have status in Canada, how to request a work permit under the spousal
sponsorship category, and how to address criminal inadmissibility and misrepresentation concerns that
arise.

Learners acquire knowledge, skills and competencies in relation to #1 through #6 of the program-level
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learning outcomes of the Graduate Diploma in Immigration and Citizenship Law (GDICL).

 PRE-REQUISITE KNOWLEDGE/CO-REQUISITE REQUIREMENTS

This course is offered in the second term of study for the Graduate Diploma in Immigration and
Citizenship Law. Its prerequisites are Foundations of Canadian Immigration Law and Ethics and
Professional Responsibility.

 COURSE LEARNING OUTCOMES (CLO)

Upon successful completion of this course, you will be able to:

Explain and apply the relevant sections of IRPA and its Regulations, Ministerial instructions,
1. operational guidelines, bulletins, websites, and case law governing family class immigration in
Canada.

Determine eligibility for Family Class sponsorship and identify complex issues in sponsorship
2. applications and appeals.

Complete government forms and apply a client-centered approach to information and evidence
3. gathering.

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Advise what documents and evidence is useful to prove a family relationship.
4.
Identify and weigh remedies/options for addressing application refusals with regard to relevant
5. legislation, case law and the client’s specific circumstances.

Represent a client in a sponsorship appeal hearing before the Immigration Appeal Division
6. (“IAD”).

 SKILLS AND VALUES (SVOs)

Upon successful completion of this program, you will be able to :

Use legal terminology to interpret and apply case law, legislation, regulatory and policy
1. instruments;

Synthesize and apply legal principles to analyze the facts and issues in a client’s case using sound
2. legal reasoning;

Conduct case related legal research on primary sources of law and legal commentary;
3.
Demonstrate facility in critical thinking and problem solving by applying these skills to execute a
4. client-specific case strategy;

Communicate and advocate effectively in person and in writing;

5.
Reflect on and assess one’s own developing capabilities; create a concrete plan for continued
6. personal and professional development;
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p p p ;

Utilize self-awareness and understanding of cultural bias to provide culturally competent

7. services to clients from diverse ethno-cultural and LGBTQ+ communities;

Integrate ethical decision making and professional behaviours in all areas of practice;
8.
Collaborate with peers and other professionals to meet client needs; demonstrate leadership in
9. practice-based settings.

 COURSE MATERIALS

Required Texts
The required texts for this course are:

Chantal Desloges & Cathryn Sawicki, Canadian Immigration and Refugee Law: A Practitioner's
Handbook, 3rd Edition (Emond Publishing, 2020)

Michael Battista & Adrienne Smith, Family Class Sponsorship in Canadian Immigration Law
(Emond Publishing, 2021)

Liz Nastasi, Deborah Pressman & John Swaigen, Administrative Law: Principles and Advocacy, 4th
Edition, chapters 8-11 (Emond Publishing, 2019)

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Arlene Blatt & JoAnn Kurtz, Legal Research: Step by Step 5th Edition (Emond Publishing, 2020)

Douglas Cochran, Interviewing Skills for Legal Professionals, 2nd Edition (Emond Publishing,
2018).

Custom versions of the above noted texts are available in digital formats for GDipICL students. Please
refer to the publisher's website for more information.

Other Materials
All other course materials for this course are posted on the course onQ website.

 COURSE TOPICS

Module 1 – Who can be sponsored under the Family Class?

Students will learn about the types of relatives that are eligible to immigrate to Canada under the Family
Class and what common questions are asked of immigration consultants from potential applicants.
Students will also learn the legal definition of ‘family’ under IRPA and how the definition has evolved to
reflect social realities such as same-sex couples and proxy marriages.

Module 2 – Consultation and Common Issues

Students will be taught how to do an initial consultation with a potential client and what key information
should be gathered during the consultation. Students will be taught how to determine eligibility for Family
Class sponsorship and how to explain the sponsorship process to potential applicants. Students will also
learn how to spot common issues that arise in sponsorship applications (i.e., out-of-status applicants,
criminal inadmissibility, misrepresentation, requests for work permits).

Module 3 – Preparing a Sponsorship Application

This module will focus on how to complete the government forms that are required to make a sponsorship
application and practice tips on common mistakes made on the forms. Students will learn how to use a
client-centered approach when gathering information. The goal of this module is to ensure students are
equipped to document and prepare a sponsorship application for filing with IRCC.
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Module 4 – Evidence Collection and Proving a Relationship before the IAD.

Students will learn about the quality and type of evidence that is useful in establishing the genuineness of
a spousal relationship in a sponsorship appeal hearing before the IAD. Students will learn how to search
for cases that were decided by the IAD and Federal Court to understand common legal issues in
sponsorship appeal.

Module 5 – Appealing a Negative Decision

Students will be taught what options are available if a sponsorship application is denied, including an
appeal to the Immigration Appeal Division or application to the Federal Court. Students will be taught
who is eligible to file an appeal to the IAD and the rules and procedures of IAD practice, including
settlement and alternative dispute resolution.

Module 6 – IAD Mock Hearing

Students will prepare for and participate in a ‘mock hearing’ to simulate the experience of appearing as
counsel before the IAD in a sponsorship appeal. The mock hearing is intended to expose students to
common ethical issues that arise during sponsorship appeals. Students will be assigned various roles (i.e.
IAD Member, Minister’s Counsel, Appellant’s Counsel) and expected to use oral advocacy skills based on
their knowledge of the sponsorship process from Modules 1 to 5. Students will be provided with sample
questions to help their clients prepare to testify before the IAD.

 TIME COMMITMENT & MANDATORY TUTORIALS

This course spans a study period of six weeks. Participants can expect to invest on average 15 hours per

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week in this course. Students are required to attend and participate in six tutorials, which will take place
each week. Learners who adhere to a pre-determined study schedule are more likely to complete the
course successfully.

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Evaluation

 ASSESSMENT WEIGHTING

Assessment Weight

Case Study Assignments (2) 20%

Modules 4 & 5 (2 x 10%)

Quizzes (2) 20%

(2 x 10%)
Mid-term (Module 3)
End-of course (Module 6)

Legal Research and Writing Assignment 25 %

Oral Advocacy Assignment 20 %

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Assessment Weight
Engagement 15%

 ASSESSMENT DESCRIPTIONS

Case Studies (2 x 10% - Modules 4 and 5)

There are four case studies in total. Each case study presents a scenario setting out a
problem related to family class immigration.

You will be required to prepare a brief written analysis of the case study in advance of the related tutorial
session. During the tutorial you will have an opportunity to discuss your analysis with three or four
classmates in a small group and then share your conclusions in plenary.

The first two case studies are practice. You should use collaboration with peers, and your reflective
practice skills to develop your research, communication and analysis skills.
The final two Case Studies will be graded. Your grade will be based on the written analysis submitted in
advance of the tutorial. More details about the case study assignments are on the course website.

Quizzes (2 x 10% - Modules 3 and 6)

Quizzes worth 10% each will be administered at the end of Module 3 (the mid-point of the course) and

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Module 6 (the end of the course). Each quiz will consist of 10 multiple choice questions. The final quiz only
covers the second half of the course.

Mock Hearing and Oral Advocacy Assignment – 25%

There is one oral advocacy assignment in this course, connected to the important IAD
Mock Hearing group activity in Module 6.

For this exercise, you will be presented with a scenario that gives rise to multiple legal and ethical
problems related to family class immigration. You will have the opportunity to explore both the scenario
and the mechanics of the IAD hearing in the group Mock Hearing activity, before preparing your individual
submission.

You will not be graded on your group's performance, but you should consider it an important aspect of
your Engagement for this course.

After participating in the mock hearing, you will submit a short video segment demonstrating your
personal oral advocacy skills, applied to the same case. Your individual grade will consist of the facilitator’s
appraisal of your video performance.

Research and Writing Assignment – 20%

There is one graded oral advocacy assignment in this course. For this exercise, you will work with the same
scenario presented in the Team Mock Hearing and Oral Advocacy assignment.

You will be presented with a set of problems requiring research and a formally written and fully cited
response.

Engagement – 15%
In addition to the extensive knowledge required of immigration consultants, this program emphasizes
essential skills and values required of RCICs (Regulated Canadian Immigration Consultants), including
critical thinking, communication skills, professionalism, and reflective practice. You will prepare a final
reflection and self-assessment to consider your engagement qualitatively.

You should reflect on all your learning, including group collaboration and ungraded activities as you
present evidence of your Engagement with the course. Your instructor will consider your self-assessment
to determine the final engagement score, with other available evidence.

Please see the complete Engagement instructions for this course available on onQ.
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 LATE POLICY/MISSED TUTORIALS

A student who claims illness or compassionate grounds as the reason for missing tutorials, or deadlines for
assignments, or other activities, is responsible for making alternative arrangements with the instructor(s)
concerned for extensions or other consideration.

Please include your full name, student number, and the reason for your absence or missed deadline in the
message to your instructor(s). You may be required to provide valid documentation (i.e., a doctor’s note,
death certificate, court/legal documentation, etc.) before alternative arrangements can be made.

In the absence of substantiating documentation, the normal late penalty will apply as described in the
assignment instructions.

Students who miss tutorials are required to view the video recording of the session and submit
a one page (250 word) brief that includes both a summary of the session and a critical reflection
within seven days after the missed session or such other date as approved by the instructor.

 GRADING

Assessments in this course will receive numerical scores or percentage marks. The final grade you receive
for the course will be derived by converting any numerical grades to letter grades according to Queen’s
Official Grade Conversion Scale and may be adjusted according to the Queen’s Law Grading Policy.

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 FEEDBACK

You will be provided with feedback on assessments/activities through various means in this course. For
assessments requiring feedback from the instructor, you can typically expect to receive the feedback
within seven days of the due date.

 ACCESSING YOUR FINAL GRADE

Your final grades will be published on SOLUS. Official transcripts showing final grades will be available on
the Official Grade Release Date. Please note that in official transcripts, a mark of IN (incomplete) is
considered a grade, and your transcript is released with this grade.

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Communication

 QUESTIONS ABOUT COURSE MATERIAL

Questions or comments regarding the course material should be posted in the discussion forums on the
class website.

There are specific forums dedicated to technical support and module content. The course instructor and
students are encouraged to answer these questions directly in the discussion forum for the benefit of
everyone in the course.
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Course instructors will be checking and responding to the Q&A forums on a daily basis.

 COURSE ANNOUNCEMENTS

The instructor will routinely post course announcements in the Announcements section on the course
homepage. Please sign up to be automatically notified by e-mail or text message when new information is
posted. Instructions on how to modify your notifications are found in the Start Here module.

 CONFIDENTIAL MATTERS

If you have a confidential matter you would like to discuss with your instructor, their contact details are on
the first page of this document. As a general rule, you can expect e-mail replies within 24 hours.

 QUEEN'S E-MAIL

The university communicates with students via Queen’s e-mail. Please check your Queen’s e-mail
regularly to ensure you do not miss important information related to your course.

Please ensure you use your Queen’s email to login to all synchronous tutorials and tutorials.

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 COURSE FEEDBACK

During the course, you may be asked to take part in a variety of feedback activities, such as
questionnaires, exit tickets, and surveys. This feedback enables the instructional team to make any
adjustments necessary to improve the learning environment. Surveys administered throughout the
course are anonymous and directly related to activities, assessments, and other course material.

Your input is essential for maintaining and improving the quality of this course for future offerings. Please
e-mail additional comments to your instructor at any time.

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Policies

 ACADEMIC POLICIES

GDipICL students are enrolled in the School of Graduate Studies at Queen’s University and are therefore
subject to the policies, regulations, and requirements of both the School of Graduate Studies and Queen’s
University.

GDipICL students are also subject to the policies, regulations and requirements of the GDipICL. The
GDipICL Handbook of Academic Regulations, Policies and Procedures is posted in onQ. It is the
responsibility of every student in the GDipICL to read and understand the GDipICL Handbook. Students
should pay particular attention to policies concerning program curriculum and grading, academic integrity,
conduct, and academic decision and appeals.

 TURNITIN STATEMENTS
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 TURNITIN STATEMENTS

This course makes use of Turnitin, a third-party application that helps maintain standards of excellence in
academic integrity. Normally, students will be required to submit their course assignments through onQ
to Turnitin. In doing so, students’ work will be included as source documents in the Turnitin reference
database, where they will be used solely for the purpose of detecting plagiarism.

Turnitin is a suite of tools that provide instructors with information about the authenticity of submitted
work and facilitates the process of grading. Turnitin compares submitted files against its extensive
database of content, and produces a similarity report and a similarity score for each assignment. A
similarity score is the percentage of a document that is similar to content held within the database.
Turnitin does not determine if an instance of plagiarism has occurred. Instead, it gives instructors the
information they need to determine the authenticity of work as a part of a larger process.

Please read Turnitin’s Privacy Pledge, Privacy Policy, and Terms of Service, which governs users’
relationship with Turnitin. Also, please note that Turnitin uses cookies and other tracking technologies;
however, in its service contract with Queen’s Turnitin has agreed that neither Turnitin nor its third-party
partners will use data collected through cookies or other tracking technologies for marketing or
advertising purposes. For further information about how you can exercise control over cookies,
see Turnitin’s Privacy Policy.

Turnitin may provide other services that are not connected to the purpose for which Queen’s University
has engaged Turnitin. Your independent use of Turnitin’s other services is subject solely to Turnitin’s
Terms of Service and Privacy Policy, and Queen’s University has no liability for any independent
interaction you choose to have with Turnitin.

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 COPYRIGHT AND RECORDING

All tutorials are automatically recorded and will be available to enrolled students here. Course materials,
including all recordings, text-based instructional materials, assessments, electronic mail correspondence,
digital captures, discussion or chat threads, are the intellectual property of the instructor or the course
developer. Personal recordings of tutorial sessions are not permitted without the express written
permission of the instructor. It is a departure from academic integrity to distribute, publicly post, sell or
otherwise disseminate course materials or to provide course materials to anyone else for distribution,
posting, sale or other means of dissemination, without the express consent of the copyright
holder(s). A student who engages in such conduct may be subject to penalty for a departure from
academic integrity and may also face adverse legal consequences for infringement of intellectual property
rights.

 ACCESSIBILITY AND ACCOMMODATIONS

Queen's University is committed to achieving full accessibility for people with disabilities. Part of this
commitment includes arranging academic accommodations for students with disabilities to ensure they
have an equitable opportunity to participate in all of their academic activities. If you are a student with a
disability and think you may need accommodations, you are strongly encouraged to contact the Queen's
Student Accessibility Services (QSAS) and register as early as possible. For more information, including
important deadlines, please visit the QSAS website.

Every effort has been made to provide course materials that are accessible. The course website in onQ is
powered by the D2L Brightspace learning environment that complies with common accessibility
standards. If you find any element of this course difficult to access, please discuss with the course
facilitator how you can obtain an accommodation.

Students with course accommodations should contact the the GDipICL Program Coordinator
immediately following registration to inform them of any accommodations to their timed assessments
and/or final exam(s).

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 ACADEMIC AND STUDENT SUPPORT

Queen’s has a robust set of supports available to you including the Library, Student Academic Success
Services, and Career Services. You are encouraged to visit the relevant websites to learn more about
these support services.

 TECHNICAL SKILLS AND SUPPORT

No specialized computer-related technical skills are required for this course. Please consult: IT Services
Recommended Technology Requirements. If you require technical assistance, please contact Law IT
support: lawitsupport@queensu.ca.

STUDENTS OUTSIDE CANADA

Students outside of Canada for any duration of the term should be advised that, in the past, students

overseas have been blocked from accessing certain websites relevant to their courses, as well as onQ. If
your course requires the completion of online quizzes, inability to access course materials may pose an
impediment to your success in completing the course. We do not make accommodations based on the lack

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of reliable Internet access. You are responsible for making sure you have adequate high-speed Internet
coverage for the entirety of the term.

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