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Student visa refused

Tika

Full Member
Feb 20, 2012
24
1
Hi every one...
Just got refusal letter for my Family,

The reason is

X You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:
X travel history

X family ties in Canada and in country of residence

X purpose of visit


Other reason:
X You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):



On misrepresentation:
X Section 40(1)(a): For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act

My question is he banded for 5 years or can he reapply...

I’m not sure what make misrepresentation on his Application

Thanks for your reply in advance
 
Last edited:

PARAM-

Star Member
Apr 5, 2018
174
39
Hi every one...
Just got refusal letter for my Family,

The reason is

On misrepresentation:
Section 40(1)(a): For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.

My question is he banded for 5 years or can he reapply...

I’m not sure what make misrepresentation on his Application ‍♀

Thanks for your reply in advance
first order caips/Gcms notes, it will help you understand what is wrong in application and i think they were band for 2 years in last 2 years. if yes then apply notes for that application too.
 

Tika

Full Member
Feb 20, 2012
24
1
first order caips/Gcms notes, it will help you understand what is wrong in application and i think they were band for 2 years in last 2 years. if yes then apply notes for that application too.

Thanks for reply, sorry I edited the threat

Only the first box is marked X
 

Tika

Full Member
Feb 20, 2012
24
1
Can he reApply? As the tution fee is paid I just tired of this paper work
Need to withdraw etc

X for travel history ( he is indo, he studied aboard previously in Jordan bachelor in law, he visit Singapore, abudabi and Saudi Arabia.

Just a bit story about his wife.
His wife is here in Canada as visitor and gave birth in Canada.

He enrolled in College in Ottawa
ENglish program + 2 year business program

If he can reApply please advice what need to Attache on the application?

Thank you
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
Hi every one...
Just got refusal letter for my Family,

The reason is

X You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:
X travel history

X family ties in Canada and in country of residence

X purpose of visit


Other reason:
X You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):



On misrepresentation:
X Section 40(1)(a): For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act

My question is he banded for 5 years or can he reapply...

I’m not sure what make misrepresentation on his Application

Thanks for your reply in advance
You will to post the actual email from CIC to know if the applicant is charged with misrepresentation. Hard to say from your posts.
 

Tika

Full Member
Feb 20, 2012
24
1
Thank you for your interest in studying in Canada. After a careful review of your study permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations. I am refusing your application.
In making a decision on an application, a number of factors are considered. These may include but are not limited to:
• whether the person has been accepted to study at a Canadian educational institution;
• the information in the travel and identity documents;
• the person’s ability to pay for the trip, to pay tuition fees and to support himself or herself while in
Canada;
• whether the person is likely to respect the conditions of his or her admission to Canada;
• whether the person is inadmissible to Canada; and
• whether the person would be likely to leave Canada at the end of his/her authorized stay.
To help you understand my decision, the reason(s) are provided on the following pages.
You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your situation meets the requirements. All new applications must be accompanied by a new processing fee.
Sincerely,
Embassy of Canada Visa Section
P.O. Box 8324/JKS.MP Jakarta
12084, Indonesia
Application Enquiry: https://secure.cic.gc.ca/enquiries-renseignements/case-cas-eng.aspx?mission=jakarta www.indonesia.gc.ca
www.cic.gc.ca
 

Tika

Full Member
Feb 20, 2012
24
1
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that any person wishing to become a temporary resident of Canada must satisfy an officer that he or she is not inadmissible to Canada and that she or he meets the requirements of the Act.
Following an examination of your application, I am not satisfied that your application meets the requirements of the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked off apply to the the refusal of your application.
Pursuant to Section 219 of the Immigration and Refugee Protection Regulation, I am not satisfied that you:
have submitted written documentation from the educational institution at which you intend to study that states that you have been accepted to study there
have sufficient and available financial resources, without working in Canada, to pay the tuition fees for the course or program of studies that you intend to pursue
have sufficient and available financial resources, without working in Canada, to maintain yourself and any family members who are accompanying you during your proposed period of study
have sufficient and available financial resources, without working in Canada, to pay the costs of transporting yourself and any family members who are accompanying you to and from Canada.
You have not submitted a Certificat d’acceptation du Québec (CAQ).

(X) You have not satisfied me that you would leave Canada at the end of your stay. In reaching this
decision, I considered several factors, including:
X travel history
immigration status in country of residence
X family ties in Canada and in country of residence
length of proposed stay in Canada
X purpose of visit
employment prospects in country of residence
current employment situation
personal assets and financial status.
your history of having contravened the conditions of admission on a previous stay in Canada
You have submitted documentation which lacks authenticity as part of your application. This has diminished the overall credibility of your submission. I was therefore not satisfied that you are not inadmissible to Canada and that you meet the requirements of the Act and Regulations. Specifically, I was not satisfied that the following documentation is authentic:
You have not complied with our request for information, as per section 16(1) of the Immigration and Refugee Protection Act. To date, you have failed to comply with our request for:
Completion of a medical examination An interview
The following documents:
 

Tika

Full Member
Feb 20, 2012
24
1
From the documents which you have submitted in support of your application, I am not satisfied that you have answered all questions truthfully, as required by subsection 16(1) of the Act. Specifically, I am not satisfied that the following information is truthful:
Other reasons:
X You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):

On security grounds for:
Section 34(1)(a): Engaging in an act of espionage or subversion against a democratic government, institution or process as they are understood in Canada;
Section 34(1)(b): Engaging in or instigating the subversion by force of any government;
Section 34(1)(b.1): Engaging in an act of espionage that is against Canada or that is contrary to Canada's interests;
Section 34(1)(c): Engaging in terrorism;
Section 34(1)(d): Being a danger to the security of Canada;
Section 34(1)(e): Engaging in acts of violence that would or might endanger the lives or safety of persons in Canada;
Section34(1)(f): Being a member of an organization that there are reasonable grounds to believe engages or will engage in acts referred to in paragraph (a), (b) or (c).
On grounds of violating human or international rights for:
Section 35(1)(a): Committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
Section 35(1)(b): Being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act;
Section 35(1)(c): Being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.
On grounds of serious criminality for:
Section 36(1)(a): Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more that six months has been imposed;
Section 36(1)(b): Having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years;
Section 36(1)(c): Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
 

Tika

Full Member
Feb 20, 2012
24
1
Section 36(2)(a): Having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
Section 36(2)(b): Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
Section 36(2)(c): Committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament;
Section 36(2)(d): Committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.
On grounds of organized criminality for:
Section 37(1)(a): Being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern;
Section 37(1)(b): Engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.
On health grounds as your health condition:
Section 38(1): Is likely to be a danger to public health or to public safety, or might reasonably be expected to cause excessive demand on health or social services.
For financial reasons:
Section 39: You are or will be unable or unwilling to support yourself or any other person who is dependent on you, and have not satisfied an officer that adequate arrangements for care and support, other that those that involve social assistance, have been made.
On misrepresentation:
(X) Section 40(1)(a): For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

( ) Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Does this person have current status in Canada? Does his family? Seems like there has been numerous attempts to stay in Canada. Did they pay fo the costs of the birth and care? Seems like there is also lots of concern about their finances.
 

Tika

Full Member
Feb 20, 2012
24
1
Does this person have current status in Canada? Does his family? Seems like there has been numerous attempts to stay in Canada. Did they pay fo the costs of the birth and care? Seems like there is also lots of concern about their finances.
yes his wife is here as visitor visa, and give birth here in Canada
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
yes his wife is here as visitor visa, and give birth here in Canada
Assume they also didn't prove they had paid for the medical care which added to concerns about their financial abilities. Seems like have bigger issues than that but didn't help.
 

Tika

Full Member
Feb 20, 2012
24
1
Assume they also didn't prove they had paid for the medical care which added to concerns about their financial abilities. Seems like have bigger issues than that but didn't help.
yea they paying monthly as it is big Amount $$ up then 60K I guess