paragraph A40(1)(a) AND A40(2)(a) of IRPA and a ban for 5 years

[ajmeriya]

Dear Friends,

I am RIYA and I have Came across this strange and unexpected situation for no fault of mine. Infact have NOT been provided and opportunity to prove my honesty and innocence and have got a visa ban for 5 years.

PLEASE GO THRU AND GUIDE AND SUGGEST, AS MY EDUCATIONAL CAREER HAS COME TO STAND STILL., Because of this BAN.

This is with reference to my Visa application no S303744236 wide UCI 1123605522 dated 5th Nov and 24th Oct 2019.

I had applied for 18 months multi entry STUDENT Visa to pursue my higher studies at Canada.

I applied for my IELTS on 18 Aug 19 and had cleared the same in 1st attempt, thanks to my schooling in Sophia. I then applied for Canadian visa thru my Delhi institute on 3rd Oct 19 and got an appointment for biometric on 9th Oct @ VFS – Delhi.

I appeared for the visa and provide all information and submitted the documents as suggested by the embassy. On 24th Oct 2019. I received a letter from the embassy which read as under:-

“ I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act.”

Specifically, I have concerns that you may be inadmissible for misrepresentation. The IELTS document that you submitted in support of your application was verified and confirmed fraudulent. The picture on your IELTS test results does not match your passport or biometric picture.

Here, I would wish to submit, that to the best of my knowledge, I have not done any wrongdoing or misrepresented any facts. So much so, that at the time of taking the photo/biometrics at the IELTS test centre at Jaipur (Rajathan-India). I was wearing contact lenses, and I had informed the person that I was wearing contact lenses and asked whether I should remove the same. And he said it wouldn’t be an issue. As machines are designed to read beyond lense. And I have also cleared the prescribed Canadian medical in 1st attempt. And also hold Indian DGCA RT, Class 1 & Class 2 medical.

After receiving this letter dated 24th Oct 2019. I approached my institute, as I had not misrepresented any facts and wanted to reply. And my institute asked me to submit my IELTS original results to them and they then replied to the embassy's letter, sharing colour scan and confirming that the originals are with the institute.

IDEALLY I SHOULD HAVE BEEN GRANTED A VISA OR CALLED TO SHOW THE IELTs RESULTS TO THE EMBASSY OFFICIALS.

But, On 5th Nov 2019, I receive a letter., where in I have been put on a BAN for 5 years.

I wish to submit again that I am totally innocent and have not misrepresented any facts, and also no opportunity is provided to me to prove my innocence and honesty and to clarify the confusion / satisfy the embassy officials regarding the discrepancy pointed out in my biometrics.

I feel cheated and dejected as compliance to principles of natural justice is denied to me and the issue is not of holidaying or shifting to Canada for PR. It pertains to my career and I want to pursue my studies abroad and return back to India. And there is no misrepresentation of any facts as contended by the visa officials.

Nor I have been provided an opportunity to clarify the issue and a wrongful ban of 5 years has been imposed thereby jeopardizing my carrier despite being innocent.

It is a more that a month now. There is no revert to mails, embassy calls are never answered. I also visited the High Commission of Canada in New Delhi, India and they just said me to send a mail and wait... All mails have auto reply as under :-

----- Original Message to DELHI (IMMIGRATION) /Message d’origine à DELHI (IMMIGRATION) -----

Your e-mail was received by the New Delhi visa office.
We do not respond unless you have already submitted an application and we need additional information from you. If a response is justified, we will write within 30 days.
We do not provide status updates on applications in process.
We do not confirm receipt of documents or passports.

Application forms and instruction guides are available here: www.cic.gc.ca

Notice: www.cic.gc.ca/english/notices.asp

I look forward if anyone can help, guide me.

TnQ.

 

[bongoman]

Please dont post in multicolour like this, its difficult to read.

The letter you received on 24th October was the chance you were given reply to the accusations, I think you should have done so yourself instead of relying on your institute, who knows if they did it correctly or not.

These decisions are usually final, you will not get any reply to your messages, the case is closed.

Have you seen your ielts results? Do you look the same? I cant see why contact lenses would be an issue if you look the same. Did they make the application for you? Did you see the application packet? Maybe they submitted aomeone elses ielts by mistake?

You have a limited time in which you can challenge the decision in canadian court but this requires a lawyer in Canada and some expense.

 

[scylla]

Dear Friends,

I am RIYA and I have Came across this strange and unexpected situation for no fault of mine. Infact have NOT been provided and opportunity to prove my honesty and innocence and have got a visa ban for 5 years.

PLEASE GO THRU AND GUIDE AND SUGGEST, AS MY EDUCATIONAL CAREER HAS COME TO STAND STILL., Because of this BAN.

This is with reference to my Visa application no S303744236 wide UCI 1123605522 dated 5th Nov and 24th Oct 2019.

I had applied for 18 months multi entry STUDENT Visa to pursue my higher studies at Canada.

I applied for my IELTS on 18 Aug 19 and had cleared the same in 1st attempt, thanks to my schooling in Sophia. I then applied for Canadian visa thru my Delhi institute on 3rd Oct 19 and got an appointment for biometric on 9th Oct @ VFS – Delhi.

I appeared for the visa and provide all information and submitted the documents as suggested by the embassy. On 24th Oct 2019. I received a letter from the embassy which read as under:-

“ I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act.”

Specifically, I have concerns that you may be inadmissible for misrepresentation. The IELTS document that you submitted in support of your application was verified and confirmed fraudulent. The picture on your IELTS test results does not match your passport or biometric picture.

Here, I would wish to submit, that to the best of my knowledge, I have not done any wrongdoing or misrepresented any facts. So much so, that at the time of taking the photo/biometrics at the IELTS test centre at Jaipur (Rajathan-India). I was wearing contact lenses, and I had informed the person that I was wearing contact lenses and asked whether I should remove the same. And he said it wouldn’t be an issue. As machines are designed to read beyond lense. And I have also cleared the prescribed Canadian medical in 1st attempt. And also hold Indian DGCA RT, Class 1 & Class 2 medical.

After receiving this letter dated 24th Oct 2019. I approached my institute, as I had not misrepresented any facts and wanted to reply. And my institute asked me to submit my IELTS original results to them and they then replied to the embassy's letter, sharing colour scan and confirming that the originals are with the institute.

IDEALLY I SHOULD HAVE BEEN GRANTED A VISA OR CALLED TO SHOW THE IELTs RESULTS TO THE EMBASSY OFFICIALS.

But, On 5th Nov 2019, I receive a letter., where in I have been put on a BAN for 5 years.

I wish to submit again that I am totally innocent and have not misrepresented any facts, and also no opportunity is provided to me to prove my innocence and honesty and to clarify the confusion / satisfy the embassy officials regarding the discrepancy pointed out in my biometrics.

I feel cheated and dejected as compliance to principles of natural justice is denied to me and the issue is not of holidaying or shifting to Canada for PR. It pertains to my career and I want to pursue my studies abroad and return back to India. And there is no misrepresentation of any facts as contended by the visa officials.

Nor I have been provided an opportunity to clarify the issue and a wrongful ban of 5 years has been imposed thereby jeopardizing my carrier despite being innocent.

It is a more that a month now. There is no revert to mails, embassy calls are never answered. I also visited the High Commission of Canada in New Delhi, India and they just said me to send a mail and wait... All mails have auto reply as under :-

----- Original Message to DELHI (IMMIGRATION) /Message d’origine à DELHI (IMMIGRATION) -----

Your e-mail was received by the New Delhi visa office.
We do not respond unless you have already submitted an application and we need additional information from you. If a response is justified, we will write within 30 days.
We do not provide status updates on applications in process.
We do not confirm receipt of documents or passports.

Application forms and instruction guides are available here: www.cic.gc.ca

Notice: www.cic.gc.ca/english/notices.asp

I look forward if anyone can help, guide me.

TnQ.

As said above, don't post in multiple colours and fonts. It's very difficult to read. I stopped reading your post part way through.

Contact lenses wouldn't make your photo that different. There must be more to this story.

You cannot apply again - you have been banned from Canada for 5 years. If you want to try to overturn the ban, you will need to spend several thousand dollars to hire a lawyer in Canada to try to fight your case (no guarantee it will be successful).

 

[Jeevan jyot]

Dear Friends,

I am RIYA and I have Came across this strange and unexpected situation for no fault of mine. Infact have NOT been provided and opportunity to prove my honesty and innocence and have got a visa ban for 5 years.

PLEASE GO THRU AND GUIDE AND SUGGEST, AS MY EDUCATIONAL CAREER HAS COME TO STAND STILL., Because of this BAN.

This is with reference to my Visa application no S303744236 wide UCI 1123605522 dated 5th Nov and 24th Oct 2019.

I had applied for 18 months multi entry STUDENT Visa to pursue my higher studies at Canada.

I applied for my IELTS on 18 Aug 19 and had cleared the same in 1st attempt, thanks to my schooling in Sophia. I then applied for Canadian visa thru my Delhi institute on 3rd Oct 19 and got an appointment for biometric on 9th Oct @ VFS – Delhi.

I appeared for the visa and provide all information and submitted the documents as suggested by the embassy. On 24th Oct 2019. I received a letter from the embassy which read as under:-

“ I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act.”

Specifically, I have concerns that you may be inadmissible for misrepresentation. The IELTS document that you submitted in support of your application was verified and confirmed fraudulent. The picture on your IELTS test results does not match your passport or biometric picture.

Here, I would wish to submit, that to the best of my knowledge, I have not done any wrongdoing or misrepresented any facts. So much so, that at the time of taking the photo/biometrics at the IELTS test centre at Jaipur (Rajathan-India). I was wearing contact lenses, and I had informed the person that I was wearing contact lenses and asked whether I should remove the same. And he said it wouldn’t be an issue. As machines are designed to read beyond lense. And I have also cleared the prescribed Canadian medical in 1st attempt. And also hold Indian DGCA RT, Class 1 & Class 2 medical.

After receiving this letter dated 24th Oct 2019. I approached my institute, as I had not misrepresented any facts and wanted to reply. And my institute asked me to submit my IELTS original results to them and they then replied to the embassy's letter, sharing colour scan and confirming that the originals are with the institute.

IDEALLY I SHOULD HAVE BEEN GRANTED A VISA OR CALLED TO SHOW THE IELTs RESULTS TO THE EMBASSY OFFICIALS.

But, On 5th Nov 2019, I receive a letter., where in I have been put on a BAN for 5 years.

I wish to submit again that I am totally innocent and have not misrepresented any facts, and also no opportunity is provided to me to prove my innocence and honesty and to clarify the confusion / satisfy the embassy officials regarding the discrepancy pointed out in my biometrics.

I feel cheated and dejected as compliance to principles of natural justice is denied to me and the issue is not of holidaying or shifting to Canada for PR. It pertains to my career and I want to pursue my studies abroad and return back to India. And there is no misrepresentation of any facts as contended by the visa officials.

Nor I have been provided an opportunity to clarify the issue and a wrongful ban of 5 years has been imposed thereby jeopardizing my carrier despite being innocent.

It is a more that a month now. There is no revert to mails, embassy calls are never answered. I also visited the High Commission of Canada in New Delhi, India and they just said me to send a mail and wait... All mails have auto reply as under :-

----- Original Message to DELHI (IMMIGRATION) /Message d’origine à DELHI (IMMIGRATION) -----

Your e-mail was received by the New Delhi visa office.
We do not respond unless you have already submitted an application and we need additional information from you. If a response is justified, we will write within 30 days.
We do not provide status updates on applications in process.
We do not confirm receipt of documents or passports.

Application forms and instruction guides are available here: www.cic.gc.ca

Notice: www.cic.gc.ca/english/notices.asp

I look forward if anyone can help, guide me.

TnQ.

I am also going through this situation
I applied in November 2018 and got refusal in may 2019 ..my consultant didn't tell me about the ban .After that in may 2021 I applied for caips note then I came to know that I got 5 years ban to canada its because of the mistake which was made by my consultant he attached embassy fee receipt of another applicant with my profile ..so because of silly mistake I got banned ..please guide me what can be done ?

 

[armoured]

I am also going through this situation
I applied in November 2018 and got refusal in may 2019 ..my consultant didn't tell me about the ban .After that in may 2021 I applied for caips note then I came to know that I got 5 years ban to canada its because of the mistake which was made by my consultant he attached embassy fee receipt of another applicant with my profile ..so because of silly mistake I got banned ..please guide me what can be done ?

It seems highly unlikely that the ban was because if the wrong fee receipt (they would have just asked for you to pay the fee). If your consultant did not advise you of correspondence, clearly a bad consultant.

You could try a lawyer but without the whole story, it's not likely to be fixed. If for education, it may be more practical to pursue other opportunities.

 

[Jeevan jyot]

It seems highly unlikely that the ban was because if the wrong fee receipt (they would have just asked for you to pay the fee). If your consultant did not advise you of correspondence, clearly a bad consultant.

You could try a lawyer but without the whole story, it's not likely to be fixed. If for education, it may be more practical to pursue other opportunities.

Other opportunities means ...?

 

[Naturgrl]

Other opportunities means ...?

Apply to other countries.

 

[Jeevan jyot]

Other countries.

Am I eligible for the USA?

 

[Naturgrl]

Am I eligible for the USA?

You have to be upfront about your ban. US has their own rules for accepting study visas so you need to check on a US immigration forum.

 

[Jeevan jyot]

You have to be upfront about your ban. US has their own rules for accepting study visas so you need to check on a US immigration forum.

Where ....please send me any link please...I am unable to find .where is it ?

 

[Naturgrl]

Where ....please send me any link please...I am unable to find .where is it ?

Google US Immigration visa forums.

 

[Jeevan jyot]

Other opportunities means ...?

If I hire a lawyer and collect all the evidence from the consultant like wrong receipt and my real receipt and provide these all the proof to the IRCC then is it possible to resolve the issue ...?

 

[Jeevan jyot]

Dear Friends,

I am RIYA and I have Came across this strange and unexpected situation for no fault of mine. Infact have NOT been provided and opportunity to prove my honesty and innocence and have got a visa ban for 5 years.

PLEASE GO THRU AND GUIDE AND SUGGEST, AS MY EDUCATIONAL CAREER HAS COME TO STAND STILL., Because of this BAN.

This is with reference to my Visa application no S303744236 wide UCI 1123605522 dated 5th Nov and 24th Oct 2019.

I had applied for 18 months multi entry STUDENT Visa to pursue my higher studies at Canada.

I applied for my IELTS on 18 Aug 19 and had cleared the same in 1st attempt, thanks to my schooling in Sophia. I then applied for Canadian visa thru my Delhi institute on 3rd Oct 19 and got an appointment for biometric on 9th Oct @ VFS – Delhi.

I appeared for the visa and provide all information and submitted the documents as suggested by the embassy. On 24th Oct 2019. I received a letter from the embassy which read as under:-

“ I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act.”

Specifically, I have concerns that you may be inadmissible for misrepresentation. The IELTS document that you submitted in support of your application was verified and confirmed fraudulent. The picture on your IELTS test results does not match your passport or biometric picture.

Here, I would wish to submit, that to the best of my knowledge, I have not done any wrongdoing or misrepresented any facts. So much so, that at the time of taking the photo/biometrics at the IELTS test centre at Jaipur (Rajathan-India). I was wearing contact lenses, and I had informed the person that I was wearing contact lenses and asked whether I should remove the same. And he said it wouldn’t be an issue. As machines are designed to read beyond lense. And I have also cleared the prescribed Canadian medical in 1st attempt. And also hold Indian DGCA RT, Class 1 & Class 2 medical.

After receiving this letter dated 24th Oct 2019. I approached my institute, as I had not misrepresented any facts and wanted to reply. And my institute asked me to submit my IELTS original results to them and they then replied to the embassy's letter, sharing colour scan and confirming that the originals are with the institute.

IDEALLY I SHOULD HAVE BEEN GRANTED A VISA OR CALLED TO SHOW THE IELTs RESULTS TO THE EMBASSY OFFICIALS.

But, On 5th Nov 2019, I receive a letter., where in I have been put on a BAN for 5 years.

I wish to submit again that I am totally innocent and have not misrepresented any facts, and also no opportunity is provided to me to prove my innocence and honesty and to clarify the confusion / satisfy the embassy officials regarding the discrepancy pointed out in my biometrics.

I feel cheated and dejected as compliance to principles of natural justice is denied to me and the issue is not of holidaying or shifting to Canada for PR. It pertains to my career and I want to pursue my studies abroad and return back to India. And there is no misrepresentation of any facts as contended by the visa officials.

Nor I have been provided an opportunity to clarify the issue and a wrongful ban of 5 years has been imposed thereby jeopardizing my carrier despite being innocent.

It is a more that a month now. There is no revert to mails, embassy calls are never answered. I also visited the High Commission of Canada in New Delhi, India and they just said me to send a mail and wait... All mails have auto reply as under :-

----- Original Message to DELHI (IMMIGRATION) /Message d’origine à DELHI (IMMIGRATION) -----

Your e-mail was received by the New Delhi visa office.
We do not respond unless you have already submitted an application and we need additional information from you. If a response is justified, we will write within 30 days.
We do not provide status updates on applications in process.
We do not confirm receipt of documents or passports.

Application forms and instruction guides are available here: www.cic.gc.ca

Notice: www.cic.gc.ca/english/notices.asp

I look forward if anyone can help, guide me.

TnQ.

Did you talk to anyone about this ...what they are saying about this ?