i was given the visa and its on my passport, but then i received a letter telling me i have a 5 year ban to enter canada, but my visa is still intact on my passport, if i travel and at the airport request asylum/claim refugee will i be accepted to enter canada or will be deported?
5 yr banned
- Thread starter XARTUCH
- Start date
Your visa will have been cancelled. At the airport it will show in their system as “Do Not Board”. Highly unlikely you will even be allowed in the plane to Canada.
If you did manage to get on the plane, you are inadmissible and would be sent back. If you aren’t sent back, you will most likely be deemed a refugee if convienience, as you have already applied for a visa, and ultimately rejected and sent back.
Anyway you look at it, the cards are stacked against you.
If you did manage to get on the plane, you are inadmissible and would be sent back. If you aren’t sent back, you will most likely be deemed a refugee if convienience, as you have already applied for a visa, and ultimately rejected and sent back.
Anyway you look at it, the cards are stacked against you.
misrepresentation, due to a invitation letter that was not verified, so even if i arrive and ask for refuge, they will not take my refugee claim and send me back?
You will be refused. You have been banned for 5 years, which means you cannot travel to the country.
are you 100% sure that in the airlines system it will show as do not board, even if i am going thru another country first which for my nationality doesn't require a visa, so i go by plane from my home country to another country which i dont require a visa then from there to canada...it will show Do not Board?
if i manage to get in the plane, having a 5 yr ban, will immigration Canada at the airport not take my refugee claim? will i be deported?
You will not get in. I know you WANT to get in, but you are banned from entering the country. I'm not sure what is difficult to understand about the replies. Misrepresentation is deemed a very serious offence.
i thought the refugee claim was over any travel ban...but if you say i will not get in that...ok
The problem is that the travel ban is specifically against you. And it is for the reason of the misinterpretation.
1. you have the right to appeal (of course if the letter was recent and of course if you did not commit misinterpretation and you want to prove it).
2. They will cancel rather promptly your visa (just because you have them in your passport does not mean that they are still valid). The result for you is that you will not be able to board plane to Canada (regardless where you come from).
So you can try to enter by land from USA (also I want to know how you will get to USA, since Canada and USA do share the information, so you might be stopped before entering USA). However unless you have relatives there, there is a 3rd safe country treatment there.
And you can try to cross illegally to be able to claim.
But with your misinterpretation history, your asylum chances would be close to 0 (because of that misinterpretation would drawn down value of your testimony.
However the USA scenarios are theoretical, because you might not be able to get into USA as well.
Thank you for the response,
this is what happened, i hired a 3rd party company for the visa application to Canada, i got the visa and decided to travel, when i got to the airport i was told that there was a misrepresentation on the application and that i was not able to go into Canada, so i asked for a refugee claim and they filled the application, since my wife is already a PR i asked them to let me see her so they gave me 2 days to be with my wife and make a decision to stay or come back, since i didn't want to enter the country in a bad way i chose to go back so they had me sign that i withdrew my application to enter the country and the refugee application was cancelled cause they never sent it to the refugee board, so i got a paper telling me that i can apply to a visa or refugee any time in the future...but upon my return to my home country 2 days later i got a letter saying taht due to the misrepresentation i got a 5 yr ban to enter Canada...now my wife got into a accident and she need me, and i am trying to go back...i do not have a US visa. my wife was in the process to sponsor me this year, now what do it do?
this is my predicament...i thought that as long i can get into Canada i could ask for the refugee claim and stay with my wife, i also was told that i could appeal and send a statutory declaration stating that i was not aware of the misrepresentation done by the 3rd party company i used, but i don't know if that will help at least to lift the ban.
Thanks in advance for your response
Thank you for the response,
this is what happened, i hired a 3rd party company for the visa application to Canada, i got the visa and decided to travel, when i got to the airport i was told that there was a misrepresentation on the application and that i was not able to go into Canada, so i asked for a refugee claim and they filled the application, since my wife is already a PR i asked them to let me see her so they gave me 2 days to be with my wife and make a decision to stay or come back, since i didn't want to enter the country in a bad way i chose to go back so they had me sign that i withdrew my application to enter the country and the refugee application was cancelled cause they never sent it to the refugee board, so i got a paper telling me that i can apply to a visa or refugee any time in the future...but upon my return to my home country 2 days later i got a letter saying taht due to the misrepresentation i got a 5 yr ban to enter Canada...now my wife got into a accident and she need me, and i am trying to go back...i do not have a US visa. my wife was in the process to sponsor me this year, now what do it do?
this is my predicament...i thought that as long i can get into Canada i could ask for the refugee claim and stay with my wife, i also was told that i could appeal and send a statutory declaration stating that i was not aware of the misrepresentation done by the 3rd party company i used, but i don't know if that will help at least to lift the ban.
Thanks in advance for your response
this is what happened, i hired a 3rd party company for the visa application to Canada, i got the visa and decided to travel, when i got to the airport i was told that there was a misrepresentation on the application and that i was not able to go into Canada, so i asked for a refugee claim and they filled the application, since my wife is already a PR i asked them to let me see her so they gave me 2 days to be with my wife and make a decision to stay or come back, since i didn't want to enter the country in a bad way i chose to go back so they had me sign that i withdrew my application to enter the country and the refugee application was cancelled cause they never sent it to the refugee board, so i got a paper telling me that i can apply to a visa or refugee any time in the future...but upon my return to my home country 2 days later i got a letter saying taht due to the misrepresentation i got a 5 yr ban to enter Canada...now my wife got into a accident and she need me, and i am trying to go back...i do not have a US visa. my wife was in the process to sponsor me this year, now what do it do?
this is my predicament...i thought that as long i can get into Canada i could ask for the refugee claim and stay with my wife, i also was told that i could appeal and send a statutory declaration stating that i was not aware of the misrepresentation done by the 3rd party company i used, but i don't know if that will help at least to lift the ban.
Thanks in advance for your response
It doesn't matter if you hired someone to fill in your application, it is still misrepresentation. The application is your responsibility, so the ban was correct.
The misrepresentation clause applies to all immigration routes to Canada whether temporary, permanent or even humanitarian as defined in part 1 of the IRPA but not to asylum and refugee protection which is dealt with separately in part 2 of the IRPA. In addition, admissibility findings for asylum applicants are only decided by the IRB not the IRCC or the CBSA.
Having said that there is no way to make an asylum claim without first being in Canada so there is a practical interplay for the inadmissibility clauses in part 1 that should prevent you from arriving to Canada normally but alas don't affect your eligibility to make asylum case should you happen to be in Canada for any reason. The exception of course is for people with serious criminal convictions, human rights violations, war crimes..etc as found in part 2 of the IRPA which is in line with refugee convention/protocol agreed upon internationally.
Most airlines will electronically verify your visa at the check-in counter when you request your boarding pass, but some others may not have this capability and will only do a visual check on your passport. This is a policy followed by the airlines as mandated by Canada and has nothing to do with which country you are flying from. There has been a case filed in the Canadian Federal court somewhat similar to you in which the applicant who was denied entry claimed she did not receive the cancellation notice before she went to travel and ultimately her application was allowed.
If you do manage to arrive to Canada either by air or by any other means such as illegal crossing and you ask to make an asylum claim your case will be heard at the POE and you may be allowed to physically enter Canada but not be legally admitted meaning you won't have your passport stamped but rather confiscated along with your other documents and you will not have an immigration status but rather a suspended state of your border inspection process pending the review of the IRB to your refugee claim in which they will either declare you a convention refugee or dismiss your claim sending you back to CBSA to conclude your entry inspection most likely resulting in your deportation.
In your asylum case the misrepresentation may be used against you as the minister would like to show any negative aspects about your credibility but will not likely carry any weight in the view of the judge because this is irrelevant to your case and if that was the case then almost all asylum cases could be denied this way as almost all applicants have stated a different reason for their visit to Canada whether in their visa applications or during inspection at POE before actually making their asylum claim. Others have crossed illegally or were smuggled (committed a crime upon entry) or used fraudulent/stolen documents to reach Canada and were allowed to have a hearing. In the end it depends on you being able to demonstrate well-founded fear and the evidence you bring to the table, not how you made into Canada.
However should you be successful and declared a convention refugee the misrepresentation will still affect you as IRCC will continue to deny any visa application such as PR for 5 years and also any H&C application will be refused should you lose your asylum case for the same reason.
If what you say happened recently (within last 30 days), you can still appeal the misinterpretation. Just be aware, that even if you have used a consultant in order to file the visa request, you are still responsible for the application itself.
By now you are in the following situation:
1. 5 years ban to Canada
2. History of a refuge claim, which was withdrawn
With that, your chances to get USA visa are practically 0.
You have also no chance to board the plain to Canada again
If by some miracle you will manage to get to Canada (swimming?), chances for a successful refugee claim are practically 0 (they will see you as somebody who has lied on your first application and who did withdraw his refugee application). So it would have to be threat that did happen after your first visit to Canada.
So your only chance is to appeal and try to explain the best way you could your first misinterpretation. You might have a very slim chance, that they will lift the ban (of course only if you can still appeal and the case is not too old).
Other than that I do not see any way for you to get to Canada next 5 years.
Good news is, that Canada is offering health coverage and social assistance to their citizens and PR. So your spouse should be able to deal with the situation.
Good luck
By now you are in the following situation:
1. 5 years ban to Canada
2. History of a refuge claim, which was withdrawn
With that, your chances to get USA visa are practically 0.
You have also no chance to board the plain to Canada again
If by some miracle you will manage to get to Canada (swimming?), chances for a successful refugee claim are practically 0 (they will see you as somebody who has lied on your first application and who did withdraw his refugee application). So it would have to be threat that did happen after your first visit to Canada.
So your only chance is to appeal and try to explain the best way you could your first misinterpretation. You might have a very slim chance, that they will lift the ban (of course only if you can still appeal and the case is not too old).
Other than that I do not see any way for you to get to Canada next 5 years.
Good news is, that Canada is offering health coverage and social assistance to their citizens and PR. So your spouse should be able to deal with the situation.
Good luck