ORAL ADVOCACY WRITTEN SUBMISSION FOR MR

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Feb 20, 2024

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ORAL ADVOCACY WRITTEN SUBMISSION FOR MR. KHOURY'S CASE The officer will decide in favor of Mr. Khoury's inland application for permanent residency based on humanitarian and compassionate grounds because of his strong establishment and integration in Canada. He has called Canada, his only home, for over two decades. Sec 25(1) of IRPA 1 permits the Minister to provide relief from the requirements of the statute to a foreign national in Canada who applies for permanent resident status if the Minister is satisfied that "it is justified by humanitarian and compassionate considerations relating to the foreign national" 2 Mr. Khoury fits in the purview of s. 25(1) since he has a clean record and does not have any inadmissibility under IRPA ss. 34, 35 or 37. In Kanthasamy v. Canada, the officer was neither satisfied with the evidence provided for his establishments in Canada nor was he satisfied that sending him back to Sri Lanka will have unusual circumstances. Mr. Kanthasamy was in Canada for only a brief period and could not prove his integration in the society outside of the timeframe of his removal orders. 345 The Kanthasamy v Canada case contradicts the situation of Mr. Khoury by a remarkable extent in terms of establishment in Canada. First, Mr. Khoury is well established since he has been living in Canada for over 20 years and is stable in all aspects of life, unlike Mr. Kanthasamy. His removal to Syria is out of the equation because of the on-going war and imposition of ADR in place for Syria. Second, Mr. Khoury has no family members, in Syria and all his immediate and extended family members are in Canada. Lastly, Mr. Khoury's deep connection with his immediate and extended family, and friends in Canada is significant. From the excerpts of his affidavit, his duty and care towards his mother, nephew, and niece, as well as his engagement with the community in philanthropic and artistic activities determines his

financial, professional, and cultural establishments. As per the H&C guidelines of establishment in Canada published in Operational Instructions and Guidelines 6, Mr. Khoury's application positively addresses most of the questions laid out in the manual. Therefore, the law and the reasoning applied above will lead the officer to rule the decision in favor of Mr. Khoury due to the proof of his well-founded establishment in Canada based on his family ties, duration of stay, financial soundness, and his professional, social, and cultural integration. Considering all legal arguments presented, Mr. Khoury deserves to be granted permanent residency under humanitarian and compassionate grounds. Written Submission The Appellant respectfully argues that the appeal must be granted in his favour following sections 2 and 4 of the IRPR. The couple has demonstrated marriage-like commitment, and their relationship is genuine and was not entered merely to acquire permanent residency status; thus, they meet the criteria for a conjugal partner. • The IAD must first consider the Appellant's significant efforts to be with the applicant and their engagement in each other's lives. According to the Appellant's testimony, he tried to spend all his vacation time in Cuba during the last six years. However, the period of cohabitation is usually

brief due to his professional commitments. • Another crucial aspect is that in the applicant's home country, Cuba, same-sex relationships are not considered legal. • As per their testimony, their relationship was started in 2012 and is getting stronger each day and is marriage-like. • They intended to marry in Canada, which is why the applicant applied for a Canada visit visa twice, but unfortunately, it was refused both times. • The couple is now waiting for the Cuban constitution to enact a bill allowing same-sex marriages so that they can marry there. • The couple showed their dedication by being in touch all the time and, used to talk to each other even when it was hard to maintain communication due to the lack of phones in Cuba. • The Appellant's proposal and the applicant's acceptance during their second meeting demonstrate their strong desire to be together.

• Also, economic support, the Appellant has financially supported the applicant for his upkeep throughout their relationship, and they have held a joint property. • Furthermore, societal perception, the evidence of letters from friends and relatives testifies to their commitment. It shows that the couple attempted to publicize their relationship to the people they felt safe with and that they had been treated and perceived as a couple. To demonstrate the authenticity of this conjugal relationship, the Appellant draws the member's attention to Leroux v Canada (Minister of Immigration and Citizenship),2007 FC 403, a comparable case of same-sex partners. Additionally, the Appellant requests that the IAD member to consider SOGIESC guidelines while evaluating their relationship, particularly Article 10.1, ascertaining the genuineness of a spousal or conjugal relationship in a sponsorship appeal may be difficult in situations where the sponsor, foreign

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