Study Permit refusal due to misrepresentation

[s.john]

Hi,

I have applied for a study permit to Canada. I have by mistake marked the question asking about previous visa refusal as "No" while I had visa refusal from US.
Then I received an email stating that I may have been misrepresenting or withholding facts for disclosing visa refusals and had given me 10 days to respond to this.
I then replied to that email and stated that it was a mistake and human error and provided with a details of previous visa refusals.

But now has received refusal letter:

I am refusing your application on the following grounds:
• I am not satisfied that you have truthfully answered all questions asked of you.
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.

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.​

I have provided them the details on the email they asked, so why is the refusal with a ban?
As they stated, can I reapply and provide details as it was not an intentional misrepresentation and just a human mistake, since I have provided the details of visa refusal and didn't hide anything on their email?
Can I appeal this ban?


Thanks,

 

[21Goose]

Technically, you can apply for judicial review to the Federal Court, but practically speaking you have no chance of winning this.

You are responsible for filling out the forms correctly. Your mistake doesn't count. You are swearing that the form is true when you submitted it. Simply saying "Oops, my mistake" when you get caught will not work in immigration matters. You only provided information after they caught the misrepresentation.

They do sometimes make allowances for human error (say you wrote 34 instead of 344 on an address), but this isn't the case with you.

 

[selvakk]

Hi,

I have applied for a study permit to Canada. I have by mistake marked the question asking about previous visa refusal as "No" while I had visa refusal from US.
Then I received an email stating that I may have been misrepresenting or withholding facts for disclosing visa refusals and had given me 10 days to respond to this.
I then replied to that email and stated that it was a mistake and human error and provided with a details of previous visa refusals.

But now has received refusal letter:

I am refusing your application on the following grounds:
• I am not satisfied that you have truthfully answered all questions asked of you.
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.

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.​

I have provided them the details on the email they asked, so why is the refusal with a ban?
As they stated, can I reapply and provide details as it was not an intentional misrepresentation and just a human mistake, since I have provided the details of visa refusal and didn't hide anything on their email?
Can I appeal this ban?


Thanks,

Unfortunately when you submit the form you state that you have filled the form to the best of your knowledge. There is no scope for human error in this.

It is upto the individual visa officer to decide if you case was accidental or not. In this case the visa officer felt that your case was not accidental and gave you a misrepresentation ban, since you did not provide all the details.

 

[zardoz]

Hi,

I have applied for a study permit to Canada. I have by mistake marked the question asking about previous visa refusal as "No" while I had visa refusal from US.
Then I received an email stating that I may have been misrepresenting or withholding facts for disclosing visa refusals and had given me 10 days to respond to this.
I then replied to that email and stated that it was a mistake and human error and provided with a details of previous visa refusals.

But now has received refusal letter:

I am refusing your application on the following grounds:
• I am not satisfied that you have truthfully answered all questions asked of you.
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.

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.​

I have provided them the details on the email they asked, so why is the refusal with a ban?
As they stated, can I reapply and provide details as it was not an intentional misrepresentation and just a human mistake, since I have provided the details of visa refusal and didn't hide anything on their email?
Can I appeal this ban?


Thanks,

The point of the procedural fairness letter is not to "come clean" and admit the truth but to give you an opportunity to show that IRCC have made a mistake. They presumably have not.

The ban remains in force for 5 years for all new immigration applications. There is in fact, no point in applying for anything, regardless of how the refusal reads.

 

[s.john]

Hi,

Thank you for the replies.
So, I have applied for the study permit again and provided them some details about the fact and how it happened. They have refused the visa again but with different reason without any mentions to that 5 year bans or misrepresentation:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

Does this mean that they have removed that 5 years ban?


Thanks,

 

[selvakk]

Hi,

Thank you for the replies.
So, I have applied for the study permit again and provided them some details about the fact and how it happened. They have refused the visa again but with different reason without any mentions to that 5 year bans or misrepresentation:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

Does this mean that they have removed that 5 years ban?


Thanks,

You will have to get CAIPS notes to finds out the refusal reason.

 

[s.john]

You will have to get CAIPS notes to finds out the refusal reason.

There already is a reason in refusal letter.
The first time I applied I had mistake in the form for US visa refusal and they banned me for 5 years due to misrepresentation. Then again I applied three weeks ago, and now the reason for refusal is:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

So the question is did they remove the ban since they didn't mention that misrepresentation or ban this time?

 

[zardoz]

There already is a reason in refusal letter.
The first time I applied I had mistake in the form for US visa refusal and they banned me for 5 years due to misrepresentation. Then again I applied three weeks ago, and now the reason for refusal is:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

So the question is did they remove the ban since they didn't mention that misrepresentation or ban this time?

Maybe they do the check for the ban only if everything else is OK.

 

[Brian prince]

Hi,

I have applied for a study permit to Canada. I have by mistake marked the question asking about previous visa refusal as "No" while I had visa refusal from US.
Then I received an email stating that I may have been misrepresenting or withholding facts for disclosing visa refusals and had given me 10 days to respond to this.
I then replied to that email and stated that it was a mistake and human error and provided with a details of previous visa refusals.

But now has received refusal letter:

I am refusing your application on the following grounds:
• I am not satisfied that you have truthfully answered all questions asked of you.
• You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.

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.​

I have provided them the details on the email they asked, so why is the refusal with a ban?
As they stated, can I reapply and provide details as it was not an intentional misrepresentation and just a human mistake, since I have provided the details of visa refusal and didn't hide anything on their email?
Can I appeal this ban?


Thanks,

Hey this is scary as I just received a message today about my mother's visitor visa appliaction(it is linked to my study permit application) there was a misrepresentation when she was asked if she had been refused visa to Canada or other countries as she has actually been refused to the USA in 2017. She's facing refusal and a 5 year ban as well.
I submitted my application a year and a day ago(June 12 2018) and I wouldn't want my application to be rejected after such a long wait; 366 days without approval or refusal has been hard and every time I send a mail to them or fill a webform all they do is tell me they are still processing the application

 

[21Goose]

Hey this is scary as I just received a message today about my mother's visitor visa appliaction(it is linked to my study permit application) there was a misrepresentation when she was asked if she had been refused visa to Canada or other countries as she has actually been refused to the USA in 2017. She's facing refusal and a 5 year ban as well.
I submitted my application a year and a day ago(June 12 2018) and I wouldn't want my application to be rejected after such a long wait; 366 days without approval or refusal has been hard and every time I send a mail to them or fill a webform all they do is tell me they are still processing the application

How is your mother's visitor visa application linked to your study permit? That doesn't make sense.

 

[SenatorOA]

There already is a reason in refusal letter.
The first time I applied I had mistake in the form for US visa refusal and they banned me for 5 years due to misrepresentation. Then again I applied three weeks ago, and now the reason for refusal is:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

So the question is did they remove the ban since they didn't mention that misrepresentation or ban this time?

Any luck?