Reference no: EM132387257

Assignment -

Writing a memorandum of fact and law for hearings before the Immigration Appeal Division and Immigration Division: Your memorandum of argument has to be written from the perspective of the Applicant/Appellant's Counsel. You should organize your memo according to the following structure:

Overview (2 to 4 paragraphs) - This is the first thing that the Member is going to read. Your goal is to present your theory of the case, and make sure to highlight the most important factors that should convince the member to rule in your favour. This is like first impression, so it is important that you start strong.

Facts - Summarize the relevant facts and present them in a manner favourable to your client. Do not misrepresent or misstate facts. Do not include irrelevant facts.

Issues - Clearly identify the issues before the Board. What are the questions that need to be decided at this hearing. Clearly identify and number them.

Argument - In this section, you want to go through each of the issue identified above and explain why the member should rule in your favour. There may be one, or more issues. Use heading for each issue to provide structure to your memo.

First, identify the applicable legislation and case law. What is the state of the law on the issue(s)? For example, if you are arguing that client's appeal should be granted on humanitarian and compassionate grounds, you need to identify the relevant cases that talks about the application of H&C factors before IAD (hint: Ribic factors). You are not being graded for legal accurac0y of your arguments, but on your presentation and advocacy.

After identifying the applicable law, you need to apply your facts to the law. For example, if the law says the appellant's establishment in Canada must be taken into account, you need to demonstrate that your client has significant establishment in Canada. This is perhaps the most important part of the memo.

Conclude each issue with a paragraph to demonstrate why the court's ruling should favor your client on that issue.

You need to do this for every issue that you identify.

Remedy - State the remedy you are asking from the court. What is it that you want the court to order specifically? For example, do you want them to grant a stay on H&C grounds? Do you want them to extend a stay on removal? If this is a detention review, are you asking for release on bond? Are you asking for detention based on danger to the public? etc. Be clear about what you are asking for.

Attachment:- Detention Review Case.rar