Hi, I am still in shock and not sure how to proceed.
I applied to sponsor my mom and dad under PGP 2019. They already completed biometrics and submitted police clearance, no medical request yet.
My mom received a procedural fairness letter stating my mom may not meet the requirements because they found out she applied for US B1/B2 Tourist visa back in 1997 and it was not declared on Schedule A.
My mom was refused for a Canadian tourist visa in the past, 3 times, and also got refused a working visa in US in 1997. All of this were declared on the PR application, except the B1/B2. My mom said she couldn't remember applying for a US tourist visa which appearto have happened to be around the same time she applied for a working visa, that was back in 1997. Her old passport has stamps of H1B1 applications with dates but nothing with B1/B2.
Side note, my mom applied for a tourist visa to Canada 4x, on her 4th application, she was issued with a supervisa. On that application, we declared as well the 3 refusals to TRV and a US work visa refusal but, nothing was mentioned about B1/B2.
———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 may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.
Specifically, I have concerns that you did not answer all questions truthfully. You disclosed previous visitor visas (Canada) refusals and a US visa refusal, which were considered. However, it appears you were refused a B1/B2 (Visitor for Business and Pleasure) visa at the U.S. Embassy in Manila, Philippines, on 5 December 1997, under the Immigration and Nationality Act, section 212(a)(6)(E)(i) – Smugglers.
According to the information stated above, your answer to question 4d) of the Background / declaration (Schedule A) is incomplete.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five (5) years according to section 40(2)(a):
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40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(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
40(2) (a) specifies that the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1). Subsection 40(3) specifies that a foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to provide you with the opportunity to respond to this information. Any evidence or submissions which you or your sponsor may wish to submit to this office for consideration in response to the concerns identified above must be received at our office within 30 days of the date of this letter. If you do not respond to this request within the period indicated, your application will be assessed based on the information currently on file and may result in the refusal of your application.———-
