Reference no: EM133813603
Jaspreet Singh, a citizen of India, entered Canada on January 10, 2019 on a student visa to attend Capilano College in Vancouver. She was authorized to remain in Canada until July 28, 2022 when her temporary status expired.
Jaspreet suffered setbacks during her studies, including when she caught COVID-19 and was hospitalized and recovering for three months, missing the whole semester. She knew she would have to apply for an extension of her study permit to complete her program.
Unfortunately, Jaspreet failed to file for an extension of her study permit on time. In her mind, it expired at "the end of July," so when she entered her account on July 30, 2022, to submit her extension application, she believed she still had two days left. To her dismay, she saw the expiry was on July 28, 2022, and she was already out of status.
In a panic, Jaspreet consulted with RCIC Abdouli Chukwu, a sole practitioner in Burnaby, about her situation. Abdouli advised her that she could not study or work while out of status, but she could remain in Canada and apply to restore her study permit to get things back on track. They had 90 days from the expiry date to submit the restoration application; specifically, they had until October 26, 2022, at midnight Coordinated Universal Time (UTC) to resubmit. This type of application was done online and did not require an original signature from the client. The process would take several months, and nothing was guaranteed, but it was Abdouli's professional opinion that the restoration and new study permit would likely be granted. On August 10, 2022, they signed a service agreement, and Abdouli gave Jaspreet a list of documents to collect.
Jaspreet's passport was expiring on January 20, 2023. Any new study permit will only be issued on the end date of the passport. Abdouli advised Jaspreet to renew her passport before they applied, which was less risky than trying to add a new passport to an existing application. The Indian consulate's website said the passport would take about two months. Abdouli thought that should work. However, as a backup plan, they could file using her current passport if the deadline approached. Regardless, the deadline had to be met - no extensions are possible for restoration applications.
During the next two months, Jaspreet sent her other documents to Abdouli who checked them and ensured everything was in order. He confirmed that they only needed the new passport.
Jaspreet received the new passport on October 10, 2022. On October 11 she texted Abdouli to ask whether she should bring in the new passport or send a copy. Receiving no response, she emailed him on October 12 with her question. On October 13 Abdouli replied, apologizing that he was tied up in hearings all week, but would prioritize her restoration application next week. A copy of the bio page with the photo would be sufficient for her new passport.
Jaspreet sent a phone scan of the bio page to Abdouli on October 14. He replied on October 17 that the scan was not sufficiently readable and asked if she could either make a better copy or bring the original to his office. As Jaspreet lived across town, she went to the nearest Staples store, made a copy and emailed it to Abdouli on October 18.
On October 19, Abdouli confirmed the second scan looked good. However, as another urgent matter had come up with a different client, he offered her an appointment on Monday morning, October 24. He planned for them to go over the application together before he uploaded it to his portal that day.
When Jaspreet arrived on October 24, Abdouli was heading out of the office to see a client who had been detained. He would text her when he was free. He texted her early the next day, October 25, to come in, but Jaspreet was in distress. She was at the Emergency ward of the local hospital after being hit in the head by a golf ball while walking past a golf course. She had to stay overnight for observation but would come to Abdouli's office tomorrow as soon as she was released. They still had until 5pm Pacific time (midnight UTC) on October 26 to file.
Jaspreet arrived at Abdouli's office at 2pm (Pacific time) on October 26, 2022. They went over all the questions and supporting documents. Everything was in order, and she left. After uploading everything, Abdouli clicked "Transmit and Pay" to access the payment screen as the last step. An error message popped up on the payment screen; it would not accept the credit card information. Abdouli kept trying for hours until finally it came back into operation at 7pm Pacific time - which would be 2 a.m. UTC on October 27, 2022. Abdouli sent a screen shot with proof of submission to Jaspreet, also telling her about the glitch, and that he expected it would be no problem as it was only two hours late.
On February 24, 2023, Abdouli received a letter stating that Jaspreet's application was refused. Her restoration application failed to meet the requirements of section 182 of the IRPR to file within 90 days of expiry. It was filed on October 27, 2022, which was one day late. As Jaspreet had no status in Canada, her study permit was refused as well. The letter directed her to leave Canada immediately.
Abdouli thought the refusal was totally unreasonable. It was only two hours late and, in any case, was due to IRCC's own glitch in the portal. He wanted to talk with his friend and immigration lawyer Hersi Mabuya who specialized in judicial review cases before contacting Jaspreet with the bad news. Hersi was on holidays so it was March 6 when he was finally able to reach her to discuss the matter. He was careful not to disclose any confidential information. Hersi confirmed there was a good chance the refusal could be overturned and she could accept the case. Her fee would likely be about $8000 and the time frame in Federal Court would be about 6 months. If they succeeded, the application would be sent back to another IRCC officer to decide the restoration matter and the study permit. But the client should contact her quickly because the there was a 15-day time limit to challenge a decision made by an officer in Canada. On March 7, 2023 Abdouli reached out to Jaspreet about the refusal and his referral recommendation.
Identify at least four specific obligations in the Code of Professional Conduct that Abdouli breached in this scenario. For each obligation you identify, cite the specific provision of the Code which sets out the obligation, using proper citation. Briefly paraphrase (explain in your own words) what the provision means in the context of this scenario. Provide your rationale and analysis of why the provision applies with reference to the facts in the scenario.
For each obligation you identify, analyze when and how the breach occurred. Be as precise as possible with the time points you wish to reference and the actions or omissions of Abdouli which constituted the breach.
Explain what you would have done in this situation after entering into the service agreement with Jaspreet while awaiting her new passport, up to the time of filing. Be specific concerning what practical steps you would have taken, and at what point, in order to ensure compliance with your professional obligations and the Code of Professional Conduct. Make sure you answer this question in terms of what you personally would have done.