Inadmissiblity - PR application

[BlueSky25]

Hi everyone,

I would like to ask some help for my PR application for my husband. I applied to sponsor my husband who lives in Sri Lanka. IRCC refused our application because of an arrest we disclosed 5 days before my husband's interview at Colombo visa office through a letter sent from my lawyer to the visa officer. My husband had got arrested once in his past and was released as innocent. We disclosed this arrest 5 days before my husband's interview through an explanation and apology letter. IRCC did not accept it and refused our application. We have started the appeal process. I would like some advice on how successful our appeal will be and how likely it will succeed. Anybody with similar experiences, I would appreciate your help a lot Thank you.

 

[scylla]

Hi everyone,

I would like to ask some help for my PR application for my husband. I applied to sponsor my husband who lives in Sri Lanka. IRCC refused our application because of an arrest we disclosed 5 days before my husband's interview at Colombo visa office through a letter sent from my lawyer to the visa officer. My husband had got arrested once in his past and was released as innocent. We disclosed this arrest 5 days before my husband's interview through an explanation and apology letter. IRCC did not accept it and refused our application. We have started the appeal process. I would like some advice on how successful our appeal will be and how likely it will succeed. Anybody with similar experiences, I would appreciate your help a lot Thank you.

Was he refused due to misrepresentation and for failing to declare the arrest?

You may want to post to the appeals thread. You may get the best info there: https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-1332

 

[BlueSky25]

Was he refused due to misrepresentation and for failing to declare the arrest?

You may want to post to the appeals thread. You may get the best info there: https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-1332

This is what our refusal letter says:

I am not satisfied that you have truthfully answered all questions put to you as your personal background information on your application forms. You have displayed a low level of credibility and I am not satisfied as to where the truth lies in your account of events and in your background information. Your responses did not disabuse me of the concerns. I am therefore refusing your application.

I feel they refused for failing to declare the arrest. We are appealing. Thank you for your help.

 

[scylla]

This is what our refusal letter says:

I am not satisfied that you have truthfully answered all questions put to you as your personal background information on your application forms. You have displayed a low level of credibility and I am not satisfied as to where the truth lies in your account of events and in your background information. Your responses did not disabuse me of the concerns. I am therefore refusing your application.

I feel they refused for failing to declare the arrest. We are appealing. Thank you for your help.

Is that all you have? What do your GCMS notes say?

If you weren't given a misrepresentation ban, that's great news.

 

[BlueSky25]

GCMS notes says pretty much the same thing. My lawyer's interpretation was the following:

he refused the application because he said he could not decide what was true. I was afraid that he would use the misrepresentation ground, which carries a five year bar from being sponsored to return to Canada. The officer had corroborating evidence about what was true, so his legal error was in refusing to assess that evidence in light of your husband’s statements.

My lawyer said they did not give a misrepresentation ban. How will this affect our appeal? Do you feel it will be successful? Our marriage was found to genuine. Thank you for your help.

 

[scylla]

GCMS notes says pretty much the same thing. My lawyer's interpretation was the following:

he refused the application because he said he could not decide what was true. I was afraid that he would use the misrepresentation ground, which carries a five year bar from being sponsored to return to Canada. The officer had corroborating evidence about what was true, so his legal error was in refusing to assess that evidence in light of your husband’s statements.

My lawyer said they did not give a misrepresentation ban. How will this affect our appeal? Do you feel it will be successful? Our marriage was found to genuine. Thank you for your help.

I don't know what the chances are of success. I would recommend you join discussions in the appeals thread. I gave you the link to that earlier.

 

[BlueSky25]

Thank you for your help. Take care. I will check out that thread. Thanks again

 

[robi35]

Do anyone here get pr, When disclose that charges are withdraw?