40(1)(a) of the IRPA

[karamaske2911.]

Hello friends,

At the beginning of July, I applied for a tourist visa. I received the following letter. I had applied for a US visa on March 21, 2024, and it was refused. I answered all the forms correctly. There was no question asking if I had ever been refused a US visa. Therefore, I did not mention it anywhere. What should I do now? Can you help me?




This refers to your application for temporary residence. Your application and all of the documents you
submitted in support of it have been reviewed and it appears that you may not meet the requirements for
immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must,
before entering Canada, apply to an officer for a visa or any other document required by the Immigration
and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the
officer is satisfied that the foreign national is not inadmissible and meets the requirements of the IRPA. I
have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the IRPA.
Specifically, I have concerns that you did not declare your previous USA refusal on 2024/03/21
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you
may be found to be inadmissible under section 40(1)(a) of the IRPA. A finding of such inadmissibility would
render you inadmissible to Canada for a period of five years.
I would like to provide you with the opportunity to respond to this information. You will have 30 days from
the date of this letter to submit additional information in this regard.
All documents you decide to submit must be in either English or French. Any documents not in English or
French must be accompanied by a certified translation.
DOCUMENTS MUST BE SUBMITTED THROUGH YOUR MYCIC ACCOUNT: to submit your documents, navigate
to the Application Details page and click on the “View Submitted Application” button at the bottom of the
page. You should then see instructions on how to submit the requested documents on the Documents
Submitted page.
Should you be unable to provide the information and/or documents in time, you must advise us in writing
detailing the reasons why you cannot provide them. You must upload this written explanation electronically
through the MyCIC portal in lieu of the document requested.
If you do not respond to this request within the timeframe indicated above, your application will be assessed
based on the information currently on file and may result in the refusal of your application and in a
declaration of inadmissibility to Canada for a period of five years.
Sincerely

 

[Ghooriha]

In the application, there is the question "Have you ever been refused a visa or permit, denied entry to, or ordered to leave any country or territory?" where you should have mentioned your US visa rejection.

Reply to the officer and told what happened. Hopefully, you don't get the five-year ban but it is the officer's call. Be truthful and tell them what happened.

 

[karamaske2911.]

In the application, there is the question "Have you ever been refused a visa or permit, denied entry to, or ordered to leave any country or territory?" where you should have mentioned your US visa rejection.

Reply to the officer and told what happened. Hopefully, you don't get the five-year ban but it is the officer's call. Be truthful and tell them what happened.

Programs I have come across at such a level. I wonder what form it is in? I am applying from the new portal.

 

[scylla]

Hello friends,

At the beginning of July, I applied for a tourist visa. I received the following letter. I had applied for a US visa on March 21, 2024, and it was refused. I answered all the forms correctly. There was no question asking if I had ever been refused a US visa. Therefore, I did not mention it anywhere. What should I do now? Can you help me?




This refers to your application for temporary residence. Your application and all of the documents you
submitted in support of it have been reviewed and it appears that you may not meet the requirements for
immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must,
before entering Canada, apply to an officer for a visa or any other document required by the Immigration
and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the
officer is satisfied that the foreign national is not inadmissible and meets the requirements of the IRPA. I
have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the IRPA.
Specifically, I have concerns that you did not declare your previous USA refusal on 2024/03/21
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you
may be found to be inadmissible under section 40(1)(a) of the IRPA. A finding of such inadmissibility would
render you inadmissible to Canada for a period of five years.
I would like to provide you with the opportunity to respond to this information. You will have 30 days from
the date of this letter to submit additional information in this regard.
All documents you decide to submit must be in either English or French. Any documents not in English or
French must be accompanied by a certified translation.
DOCUMENTS MUST BE SUBMITTED THROUGH YOUR MYCIC ACCOUNT: to submit your documents, navigate
to the Application Details page and click on the “View Submitted Application” button at the bottom of the
page. You should then see instructions on how to submit the requested documents on the Documents
Submitted page.
Should you be unable to provide the information and/or documents in time, you must advise us in writing
detailing the reasons why you cannot provide them. You must upload this written explanation electronically
through the MyCIC portal in lieu of the document requested.
If you do not respond to this request within the timeframe indicated above, your application will be assessed
based on the information currently on file and may result in the refusal of your application and in a
declaration of inadmissibility to Canada for a period of five years.
Sincerely

There is a question in the application that asks about refused visas from any county. You answered this question incorrectly and have failed to declare a past visa refusal. You need to respond to this letter and explain why you answered this question incorrectly and failed to report the US visa refusal. You should then provide the full details of that visa refusal including dates and the reasons why you were refused.

There are three possible outcomes after you submit your response. One is that the visa is approved. The second is that the visa is refused. If this happens, you will need to reapply. The third is that the visa is refused and you are also given a misrepresentation ban. If this happens, you will need to wait five years before you can apply again.