Reference no: EM132391886

Mock Hearing Assignment -

Your Mock Hearing Assignment has an (i.) oral and (ii.) written component. Both components are equally weighted. Below, we provide an outline of the expectations for both components.

I. Oral component

Please see below for a brief description of the roles in the Mock Removal Order Appeal hearings. Details on the roles for the Mock Refugee Determination hearing follows.

Role is: Minister's Counsel - Cross-Examination: Your job is review the material, spot the weaknesses in the Applicant's case, take careful notes during the hearing and ask those pertinent questions that will undermine the Applicant's case. Remember, 90% of the work for cross-examination is done before the hearing. (7-10 questions).

ii. Written Component

You each must submit a Memorandum of Fact (Submission)

Your Submission must be written from the perspective of Applicant/Appellant's Counsel. You should organize your memo according to the follow structure:

Overview (3 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.

Issues: Clearly identify the issues before the Board. What are the questions 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 than one issues.

First, identify the applicable legislation and caselaw. What is the state of the law on the issues? For example, if you arguing that client's appeal should be granted on humanitarian and compassionate factors, you need to identify the relevant case that talks about the application of H&C factors before IAD (hint: Ribric). You are not being graded for legal accuracy 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 substantiate that your client has significant establishment in Canada. o Conclude each issue with a paragraph to demonstrate how the court's ruling should favor your client on that issue. o You need to do this for every issue that you identify.

Remedy o 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? Do you wants to allow the appeal? o Be clear about what you are asking for.

Note - Must follow Canadian Immigration Law. This assignment is for Immigration consultant course total No of Pages: 7.

Attachment:- Assignment File.rar