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procedural fairness letter

Ramsei

Member
Dec 17, 2021
15
0
Greetings
I would like to share my experiences and issues which got me confused for my future steps to counter the PFL issued by the Canadian Embassy.
I applied for my Study permit in July 2021 for Jan 22 intake my medical took about 50 days to get updated later in Mid-November, I received an email from IRCC that they found my Bachelor's Degree was verified and found fraudulent and was given 10 days time to revert with an explanation and support document if any, I then approached my university (Private University UGC approved) they confirmed me that he were not contacted for enquiry and later on request they issues me the following list of documents in favour of the PFL issued.
1) Verification Letter
2) Bonafide Certificate
3) Letter of Recommendation by my lecturer
4) Offical Transcripts
5) Support Letter ( Where they mentioned about the degree issue and if they contact the university they can provide all necessary documentation if required)


So, with in 5 days of my PFL, I wrote a clear justification letter myself and attached all the above-mentioned documents along with notarized educational documents for their action over it l, Later after 2 days I was asked to forward my degree for Apostille Stamping to legalise the document by my friend which I did and I got the document within 1 week and then I raised a webform and also wrote to Delhi immigration and submitted that for reference and to prove the authentication of my document.

But today I again got an update after almost 1 month from the date of PFL issue which states as below.

Thank you for your interest in studying in Canada. After careful review of your study permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• 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.




Now, my query starts here
1) I again contacted my university they clearly said no contact was made by ircc to college how they say it's fake or fraudulent degree?
2) The above letter clearly says they imposed a ban of 5 years on me but also says I can reapply with new application fee but they no where mentioned that I have to wait till my ban gets lifted to reapply, So can I reapply with all the documents celery once again which I had to submit when I got PFl along with my apostille stamped degree copy and I have also applied for WES and I will be cleared ( because I am regular student )from them will surely receive e my report by Jan end.

Plz suggest
a)Is it worth reapplying with all these reports and documents or shall I apply for my refunds and close the plans for Canada.
b) Dose they say the same to everyone who was banned to reapply with new fee without mentioning that you have to wait till the ban gets lifted.

Thanks in advance
I really appreciate the guidance and recommendations in advance.
 

YVR123

VIP Member
Jul 27, 2017
7,378
2,869
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 inadmissible. Do not apply until the ban of 5 years is over. And even after, you will need a very strong case and disclose all previous refusal.

Did you involve a lawyer for the PFL? I am not sure if you can still appeal on your case...
 

scylla

VIP Member
Jun 8, 2010
95,814
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Greetings
I would like to share my experiences and issues which got me confused for my future steps to counter the PFL issued by the Canadian Embassy.
I applied for my Study permit in July 2021 for Jan 22 intake my medical took about 50 days to get updated later in Mid-November, I received an email from IRCC that they found my Bachelor's Degree was verified and found fraudulent and was given 10 days time to revert with an explanation and support document if any, I then approached my university (Private University UGC approved) they confirmed me that he were not contacted for enquiry and later on request they issues me the following list of documents in favour of the PFL issued.
1) Verification Letter
2) Bonafide Certificate
3) Letter of Recommendation by my lecturer
4) Offical Transcripts
5) Support Letter ( Where they mentioned about the degree issue and if they contact the university they can provide all necessary documentation if required)


So, with in 5 days of my PFL, I wrote a clear justification letter myself and attached all the above-mentioned documents along with notarized educational documents for their action over it l, Later after 2 days I was asked to forward my degree for Apostille Stamping to legalise the document by my friend which I did and I got the document within 1 week and then I raised a webform and also wrote to Delhi immigration and submitted that for reference and to prove the authentication of my document.

But today I again got an update after almost 1 month from the date of PFL issue which states as below.

Thank you for your interest in studying in Canada. After careful review of your study permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• 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.




Now, my query starts here
1) I again contacted my university they clearly said no contact was made by ircc to college how they say it's fake or fraudulent degree?
2) The above letter clearly says they imposed a ban of 5 years on me but also says I can reapply with new application fee but they no where mentioned that I have to wait till my ban gets lifted to reapply, So can I reapply with all the documents celery once again which I had to submit when I got PFl along with my apostille stamped degree copy and I have also applied for WES and I will be cleared ( because I am regular student )from them will surely receive e my report by Jan end.

Plz suggest
a)Is it worth reapplying with all these reports and documents or shall I apply for my refunds and close the plans for Canada.
b) Dose they say the same to everyone who was banned to reapply with new fee without mentioning that you have to wait till the ban gets lifted.

Thanks in advance
I really appreciate the guidance and recommendations in advance.
You are banned for 5 years. You cannot reapply. It will be an automatic refusal due to the ban.

You need to get the ban lifted if you want to reapply.

The statement about reapplying is on every letter. It's a standard phase. However it doesn't apply to you since you have a ban.

I would start by ordering your GCMS notes.
 

Ramsei

Member
Dec 17, 2021
15
0
You are banned for 5 years. You cannot reapply. It will be an automatic refusal due to the ban.

You need to get the ban lifted if you want to reapply.

The statement about reapplying is on every letter. It's a standard phase. However it doesn't apply to you since you have a ban.

I would start by ordering your GCMS notes.
Yes, I have already applied for GCMS notes and if I get some information in that can I reapply with all possible documentation or let go.
 

scylla

VIP Member
Jun 8, 2010
95,814
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes, I have already applied for GCMS notes and if I get some information in that can I reapply with all possible documentation or let go.
Again, there is no point reapplying. You are inadmissible for 5 years to Canada. If you reapply before the 5 year ban ends, it will be an automatic refusal.

Your only option is to try to get the ban reversed. If you want to pursue this, you'll really need to hire a lawyer in Canada and success if of course not guaranteed.
 

Ramsei

Member
Dec 17, 2021
15
0
Again, there is no point reapplying. You are inadmissible for 5 years to Canada. If you reapply before the 5 year ban ends, it will be an automatic refusal.

Your only option is to try to get the ban reversed. If you want to pursue this, you'll really need to hire a lawyer in Canada and success if of course not guaranteed.
Ok that's too expensive as well so u suggest me to withdraw my application from college and try some other country.
 

Ramsei

Member
Dec 17, 2021
15
0
Again, there is no point reapplying. You are inadmissible for 5 years to Canada. If you reapply before the 5 year ban ends, it will be an automatic refusal.

Your only option is to try to get the ban reversed. If you want to pursue this, you'll really need to hire a lawyer in Canada and success if of course not guaranteed.
Also one more doubt we can only request for Authorization to renter Canada only when the ban is lifted right?
 

scylla

VIP Member
Jun 8, 2010
95,814
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Also one more doubt we can only request for Authorization to renter Canada only when the ban is lifted right?
AOR is for individuals who were deported and want to return. AOR doesn't apply to your situation.

You need to wait until the five years have passed. Once the 5 years have passed, you can apply again to come to Canada. No AOR is required.
 

Ramsei

Member
Dec 17, 2021
15
0
AOR is for individuals who were deported and want to return. AOR doesn't apply to your situation.

You need to wait until the five years have passed. Once the 5 years have passed, you can apply again to come to Canada. No AOR is required.
Thanks Scylla for guiding me with information because agents were trying scam me.
 

Ramsei

Member
Dec 17, 2021
15
0
I guess your agent submitted fake information if you insist your credential are geniune
Haaa nope I gave all my documents by myself in PDF file. But I don’t know on what grounds Canadian visa officer denied the application.
 

Ramsei

Member
Dec 17, 2021
15
0
So what is wrong with your diploma? They couldn’t just say it is fraudulent with no reason.
Yes, I even contacted my university they said they have not received any enquiry over my degree.I dint understand on what ground they declared my degree was fraudulent.
 

scylla

VIP Member
Jun 8, 2010
95,814
22,094
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes, I even contacted my university they said they have not received any enquiry over my degree.I dint understand on what ground they declared my degree was fraudulent.
You need to see what your GCMS notes say. Depending on the school, IRCC will sometimes classify it as a diploma mill. But of course that's not necessarily the reason.
 

Ramsei

Member
Dec 17, 2021
15
0
You need to see what your GCMS notes say. Depending on the school, IRCC will sometimes classify it as a diploma mill. But of course that's not necessarily the reason.
What’s dose diploma mill means?
What if I get my Wes report handy along with degrees apostille copy by the time I receive my GCMS and reach them thru email for showing the authenticity of the degree?

Like you earlier said it’s of no use but how can they detain an application with no proper ground of verification? If in case my university is not registered or fake or my degree is fake it’s very difficult for us to get the apostille stamping done and apart of that WES Canada approved my university in their list of valid universities.
What can I do to reclaim apart of hiring an immigration lawyer?