Never been to Canada before but Visa refused for contravened previous stay in Canada

[njab]

Hi,
I am from Pakistan. My husband applied for TRV with a very strong profile. He never visited Canada and never overstayed in any country ever. He has visited UK multiple times for work and many other countries in MENA and has secure job and ties in home country. He applied for TRV as main applicant but after significant delay the refusal received and the reason mentioned was totally false. copying the text below;

I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your history of having contravened the conditions of admission on a previous stay in Canada.

Now i want to ask the experts here to advise if;

1. Can he apply for Judicial review? How can he he manage judicial review from outside Canada?
2. if he doesnt challenge the accusation would it be kept on his record for future?
3. How much time and cost is involved in judicial review?
4. Is there any other way to inform immigration that the reason for refusal is not correct.

Please reply as it is very embarrassing situation for him because his travelling history will have an impact if it is not corrected.

 

[demme343]

Hi,
I am from Pakistan. My husband applied for TRV with a very strong profile. He never visited Canada and never overstayed in any country ever. He has visited UK multiple times for work and many other countries in MENA and has secure job and ties in home country. He applied for TRV as main applicant but after significant delay the refusal received and the reason mentioned was totally false. copying the text below;

I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your history of having contravened the conditions of admission on a previous stay in Canada.

Now i want to ask the experts here to advise if;

1. Can he apply for Judicial review? How can he he manage judicial review from outside Canada?
2. if he doesnt challenge the accusation would it be kept on his record for future?
3. How much time and cost is involved in judicial review?
4. Is there any other way to inform immigration that the reason for refusal is not correct.

Please reply as it is very embarrassing situation for him because his travelling history will have an impact if it is not corrected.

Please first apply for gcms notes asap

 

[scylla]

Hi,
I am from Pakistan. My husband applied for TRV with a very strong profile. He never visited Canada and never overstayed in any country ever. He has visited UK multiple times for work and many other countries in MENA and has secure job and ties in home country. He applied for TRV as main applicant but after significant delay the refusal received and the reason mentioned was totally false. copying the text below;

I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your history of having contravened the conditions of admission on a previous stay in Canada.

Now i want to ask the experts here to advise if;

1. Can he apply for Judicial review? How can he he manage judicial review from outside Canada?
2. if he doesnt challenge the accusation would it be kept on his record for future?
3. How much time and cost is involved in judicial review?
4. Is there any other way to inform immigration that the reason for refusal is not correct.

Please reply as it is very embarrassing situation for him because his travelling history will have an impact if it is not corrected.

Order GCMS notes as said above before you do anything else.

Is he 100% certain he has never been to Canada previously? Is there any possibility that he traveled to Canada as a child with his parents? He should verify with his parents to be sure. We see cases here once in a while where there is past travel history a person is not aware of since it happened when they were a child and they don't remember / their parents never told them.

If he wants to appeal the decision, he will need to hire a lawyer in Canada to represent him. This will cost several thousand dollars.

In addition to requesting GCMS notes and before appealing, he may want to consider sending a webform with a reconsideration request to say that he has never visited Canada.

Good luck.

 

[njab]

Order GCMS notes as said above before you do anything else.

Is he 100% certain he has never been to Canada previously? Is there any possibility that he traveled to Canada as a child with his parents? He should verify with his parents to be sure. We see cases here once in a while where there is past travel history a person is not aware of since it happened when they were a child and they don't remember / their parents never told them.

If he wants to appeal the decision, he will need to hire a lawyer in Canada to represent him. This will cost several thousand dollars.

In addition to requesting GCMS notes and before appealing, he may want to consider sending a webform with a reconsideration request to say that he has never visited Canada.

Good luck.

Thanks a lot for responding.
He is 200% sure of never travelling to Canada and not even USA. He never overstayed in any country. i will order GCMS notes today and would like to opt for Webform option because the several thousand dollars for Judicial review is not that practical.
Can you please guide me for Webform process post decision?
Thanks in advance!

 

[njab]

Please first apply for gcms notes asap

Yes!

 

[scylla]

Thanks a lot for responding.
He is 200% sure of never travelling to Canada and not even USA. He never overstayed in any country. i will order GCMS notes today and would like to opt for Webform option because the several thousand dollars for Judicial review is not that practical.
Can you please guide me for Webform process post decision?
Thanks in advance!

And he was the single applicant in the TRV application? Just him with no one accompanying?

Webform link:

https://www.cic.gc.ca/english/contacts/web-form.asp

 

[njab]

And he was the single applicant in the TRV application? Just him with no one accompanying?

Webform link:

https://www.cic.gc.ca/english/contacts/web-form.asp

He was the main applicant. We both applied. My ex husband took asylum in canada back in 2003 and in 2005 voluntarily departure after refusal of case. I remarried in 2018 and my second husband has nothing to do with that .

 

[Naturgrl]

He was the main applicant. We both applied. My ex husband took asylum in canada back in 2003 and in 2005 voluntarily departure after refusal of case. I remarried in 2018 and my second husband has nothing to do with that .

So you have never been to Canada, not your husband? Were you included in your ex husband’s asylum claim?

 

[scylla]

He was the main applicant. We both applied. My ex husband took asylum in canada back in 2003 and in 2005 voluntarily departure after refusal of case. I remarried in 2018 and my second husband has nothing to do with that .

Ah - I think that explains it. The refusal for contravening conditions of your admission is regarding your history in Canada, not your husband's. I'm making the assumption that you were part of the asylum claim your ex husband made.

 

[scylla]

He was the main applicant. We both applied. My ex husband took asylum in canada back in 2003 and in 2005 voluntarily departure after refusal of case. I remarried in 2018 and my second husband has nothing to do with that .

I'm assuming you were in Canada too and took voluntary departure along with your ex. If that's right, the refusal reasons for the TRV make absolute sense and there's no point sending the webform. The refusal reason around contravening admission relates to your past history in Canada (not your husband's). While your current husband is the primary applicant, you are obviously assessed as well as a dependent in the application.

If your husband wants to get a TRV approved, my recommendation is that he apply on his own without you as a dependent in the application. Unfortunately your past history in Canada means that getting any sort of temporary visa (including a TRV) is going to be next to impossible.

 

[njab]

I'm assuming you were in Canada too and took voluntary departure along with your ex. If that's right, the refusal reasons for the TRV make absolute sense and there's no point sending the webform. The refusal reason around contravening admission relates to your past history in Canada (not your husband's). While your current husband is the primary applicant, you are obviously assessed as well as a dependent in the application.

If your husband wants to get a TRV approved, my recommendation is that he apply on his own without you as a dependent in the application. Unfortunately your past history in Canada means that getting any sort of temporary visa (including a TRV) is going to be next to impossible.

Ok so it means that my husband can send web form to get the facta correct for him
What do u suggest?

 

[scylla]

Ok so it means that my husband can send web form to get the facta correct for him
What do u suggest?

No. You're misunderstanding. There is nothing to correct. The refusal reason is for the application (which includes both you and your husband). The application was refused based on your past history in Canada. The refusal reason is accurate based on this.

There is no point in sending a webform or appealing.

Your husband can reapply if he really wants the TRV. He should reapply as a single applicant and not include you in the TRV application.

 

[njab]

No. You're misunderstanding. There is nothing to correct. The refusal reason is for the application (which includes both you and your husband). The application was refused based on your past history in Canada. The refusal reason is accurate based on this.

There is no point in sending a webform or appealing.

Your husband can reapply if he really wants the TRV. He should reapply as a single applicant and not include you in the TRV application.

Ok. I will also wait for gcms notes. Thanks for clarifying. I have one last question that my daughter is Canadian citizen and if future if she goes back and settles in canada , can i ever get a parent visa to meet her? Or it is a big no for me.

 

[scylla]

Ok. I will also wait for gcms notes. Thanks for clarifying. I have one last question that my daughter is Canadian citizen and if future if she goes back and settles in canada , can i ever get a parent visa to meet her? Or it is a big no for me.

I don't think GCMS notes are really needed since we now understand the full details of your case. The TRV was refused because you were part of the application and due to your history in Canada. Having said that, you can still order GCMS notes if you want to.

No, I do not think you will be approved for a TRV once your daughter is in Canada.

I think your most realistic option for returning to Canada is for your daughter to sponsor you for PR through the parent / grandparent sponsorship program once she is an adult and has worked full time in Canada for at least three years. In order to qualify, your daughter will need to meet the income requirements for three years in a row through a job in Canada and then also be selected through the parent / grandparent sponsorship lottery.

 

[YVR123]

Also want to add that when the time comes for your daughter to apply for your PR, include both the failed refugee application and this visitor visa refusal in the PR application. Do not try to hide any immigration history.