Inadmissible

[Munzerc]

i have been deemed inadmissible and i have a hearing soon for this, inadmissible is due to misrepresentation in my PR application. I will be challenging the decision at IAD through my lawyer, i would like to know that during the IAD appeal is in process can i get my passport back and can i go to my home country during the IAD appeal is in process. My
Lawyer says that IAD can take upto 12-18
Months to get a decision and if i have to go to my home country so can i go? Also they have my passport, can i get my passport back?

 

[scylla]

Is this a refugee application?

 

[Munzerc]

Is this a refugee application?

No..This is Express entry PR application under Canadian experience class and the application is Approved, when i had been to the Canada border that time they found out about the Misrepresentation..

 

[Bryanna]

No..This is Express entry PR application under Canadian experience class and the application is Approved, when i had been to the Canada border that time they found out about the Misrepresentation..

What is the basis for your appeal?

Did you submit any fraudulent documents.... or you made factually incorrect statements.... or you did not declare a previous visa refusal?

 

[k.h.p.]

Since you have a lawyer then they can likely advise you best.

 

[Munzerc]

What is the basis for your appeal?

Did you submit any fraudulent documents.... or you made factually incorrect statements.... or you did not declare a previous visa refusal?

The appeal is not yet submitted as I haven’t got the hearind decision till yet. I was charged wrongly for a criminal offence after filling the PR, and i did not mention that in the Schedule A form which they had sent me before sending the pr confirmation. The criminal case is still pending and will like be dismissed in couple of
Months

 

[Munzerc]

Since you have a lawyer then they can likely advise you best.

My lawyer says we cannot get the passport back untill the appeal decision is final and if u request for the passport and leave the country for any reason then the appeal case would be abandoned and i can only re enter back canada once the case is over and of i win it, which really makes no sense to me. Thats why i am looking for a second opinion

 

[k.h.p.]

Then hire another lawyer.

 

[Bryanna]

My lawyer says we cannot get the passport back untill the appeal decision is final and if u request for the passport and leave the country for any reason then the appeal case would be abandoned and i can only re enter back canada once the case is over and of i win it, which really makes no sense to me. Thats why i am looking for a second opinion

You certainly need to hire a new lawyer.


1. You cannot appeal to the IAD for your misrepresentation matter. You case does not fall under the type of appeals which the IAD will decide.

2. You should file an immigration appeal in the Federal Court. This is called "an application for leave and for judicial review".

3. This "application for leave and judicial review" is a two-stage process. The first step is to apply for leave or permission from the court i.e. your case must first be approved before it goes for a hearing before a Federal judge. This first stage could take 3-6 months (or even longer).

4. It is for the court to decide whether or not your case will then go to the next stage i.e. to be heard by a judge. The actual hearing before a judge could be just one hearing + could take a couple of hours.

5. On the whole, this appeal process could take between 6-12 months right to the decision stage (assuming your appeal is allowed to go for a hearing before a judge and it is not dismissed in the leave/permission stage).

6. Honestly, you have a slim chance of overturning the misrepresentation finding. You should have declared the criminal charges.

7. You and your lawyer would find it almost impossible to prove that the visa officer who reviewed your PR application has made an administrative error in the decision.... and/or that you had no intention to misrepresent.... and/or that the visa officer has not followed due procedure.

8. You might have a slim chance of challenging the misrepresentation ban if you were not issued a Procedural Fairness Letter (assuming you did you appoint a representative that might have received this PFL on your behalf). But, again, please speak to an immigration lawyer.

9. It is a different matter that the criminal charges may/may not be dismissed later. You were expected to inform IRCC about it.


Basically, you must speak to a lawyer who is experienced in immigration appeals concerning applicants who are NOT Canadian citizens nor PRs

 

[femi10]

Dear Brynna

My brother was denied a student visa in 2017 for answering NO when asked if he has been denied a visa by another country,

However, less than a week after his application, he sent a mail notifying them of the error he committed and provided details of his previous denial by US Embassy.

He still got a letter requesting he explains why he lied on his application of which he responded that he spotted the error latter and has sent a mail to correct same. He was still rejected, on the ground of misrepresentation.

Below is the message sent to him:

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.


Please do you think it is a ban for 5 years or two years, as unlike every other person, no 5 years ban was mentioned in his denial letter.

 

[scylla]

Dear Brynna

My brother was denied a student visa in 2017 for answering NO when asked if he has been denied a visa by another country,

However, less than a week after his application, he sent a mail notifying them of the error he committed and provided details of his previous denial by US Embassy.

He still got a letter requesting he explains why he lied on his application of which he responded that he spotted the error latter and has sent a mail to correct same. He was still rejected, on the ground of misrepresentation.

Below is the message sent to him:

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.


Please do you think it is a ban for 5 years or two years, as unlike every other person, no 5 years ban was mentioned in his denial letter.

It sounds like he was found inadmissible when he applied for the student visa in 2017. That inadmissibility period hasn't passed yet so he doesn't yet qualify to apply for a TRV (or any other visa to Canada).

If he was not found inadmissible back in 2017 - then I think this is a typo on the letter and he has received a five year ban.

Recommend you order GCMS notes to find out for sure.

 

[femi10]

It sounds like he was found inadmissible when he applied for the student visa in 2017. That inadmissibility period hasn't passed yet so he doesn't yet qualify to apply for a TRV (or any other visa to Canada).

If he was not found inadmissible back in 2017 - then I think this is a typo on the letter and he has received a five year ban.

Recommend you order GCMS notes to find out for sure.

Thank you Scylla for the response.

He has orderd a GCMS note, but we were told it would take a month to be out, which is quite a long time as he is about to enter the pool and get an invitation next week.

I dont think he would be serving any ban as at 2017, because he has never applied to Canada. He only applied and got rejected twice by US.

We had hoped and believed he was given a lesser punishment of 2 years ban because he had proactively notified them of the error less than a week after sending the application and long before they discovered it themselves - is the assumption possible??

 

[scylla]

Thank you Scylla for the response.

He has orderd a GCMS note, but we were told it would take a month to be out, which is quite a long time as he is about to enter the pool and get an invitation next week.

I dont think he would be serving any ban as at 2017, because he has never applied to Canada. He only applied and got rejected twice by US.

We had hoped and believed he was given a lesser punishment of 2 years ban because he had proactively notified them of the error less than a week after sending the application and long before they discovered it themselves - is the assumption possible??

No - this assumption is not possible.

He was either given a 5 year ban or no ban.

The ban for inadmissibility was 2 years several years ago. This rule changed about two years ago and the inadmissibility penalty is now 5 years. IRCC does not issue "lesser punishments". Again, either he got a 5 year ban or no ban.