Anyone experienced Misrep like this?

[pepega]

I'll try to keep this as short but accurate as possible.

Back in early Feb 2021 I had applied for a study permit under the Student Direct Stream.
So for supporting documents I submitted my upfront medical, GIC, Bank Statements and Tuition Fee Proofs.

My course was supposed to start in mid May so I thought my Visa should arrive by then since the SDS stream said 30 days.

However it was stuck in processing so I decided to cancel my plans and get a refund of my GIC and Tuition. Also by this time the pandemic was at it's peak and there were travel bans in place so it no longer made sense to go.

So I withdrew my GIC and Tuition by end of June and on July 4th I sent them a webform informing them I had withdrawn my GIC and Tuition.

On July 8th I received a Procedural Fairness Letter saying they checked my GIC and found it was withdrawn.
Since I got the PFL so recently I thought they may not have read my web form submission yet. The IRCC site says they respond to web forms within 28 days or may not even respond.

So in my reply I told them I had cancelled my plans because of Visa delays and the pandemic and already informed them of the GIC and Tuition Fee withdrawal a few days ago and told them to close my application.

In late November I received a messaging saying I was inadmissible for 5 years and my application was refused.

The only thing I can think of that happened is either:
1. They didn't read my web form submission.
2. They didn't receive my web form submission. (There is no way to verify this since the system does not send a confirmation email and IRCC may or may not reply).

My GIC was genuine and I had personally bought it from the CIBC bank website so no concerns there. Although in the officers notes it did mention that they suspect "It may have been obtained improperly". But they didn't ask about the genuine-ness of the GIC in the PFL.

The other thing is that I had sent my web forms to the New Delhi office because I assumed the application was being processed there but it turns out the application was processed in Ottawa.
The only proof I have that I submitted the web form is the browser history screenshot and Autofill data extracted from chrome with timestamps on it.

I've already applied for a Judicial Review so waiting to see what went wrong.

Have any of you experienced any of this before?

Some other info - I've been to Canada before as a tourist and haven't had any issues in the past. Also my tourist visa was valid while I was doing this study permit application so didn't even have any intent to misrepresent and gain entry.

Thanks and waiting to hear from all of you.

 

[Hehee]

I'll try to keep this as short but accurate as possible.

Back in early Feb 2021 I had applied for a study permit under the Student Direct Stream.
So for supporting documents I submitted my upfront medical, GIC, Bank Statements and Tuition Fee Proofs.

My course was supposed to start in mid May so I thought my Visa should arrive by then since the SDS stream said 30 days.

However it was stuck in processing so I decided to cancel my plans and get a refund of my GIC and Tuition. Also by this time the pandemic was at it's peak and there were travel bans in place so it no longer made sense to go.

So I withdrew my GIC and Tuition by end of June and on July 4th I sent them a webform informing them I had withdrawn my GIC and Tuition.

On July 8th I received a Procedural Fairness Letter saying they checked my GIC and found it was withdrawn.
Since I got the PFL so recently I thought they may not have read my web form submission yet. The IRCC site says they respond to web forms within 28 days or may not even respond.

So in my reply I told them I had cancelled my plans because of Visa delays and the pandemic and already informed them of the GIC and Tuition Fee withdrawal a few days ago and told them to close my application.

In late November I received a messaging saying I was inadmissible for 5 years and my application was refused.

The only thing I can think of that happened is either:
1. They didn't read my web form submission.
2. They didn't receive my web form submission. (There is no way to verify this since the system does not send a confirmation email and IRCC may or may not reply).

My GIC was genuine and I had personally bought it from the CIBC bank website so no concerns there. Although in the officers notes it did mention that they suspect "It may have been obtained improperly". But they didn't ask about the genuine-ness of the GIC in the PFL.

The other thing is that I had sent my web forms to the New Delhi office because I assumed the application was being processed there but it turns out the application was processed in Ottawa.
The only proof I have that I submitted the web form is the browser history screenshot and Autofill data extracted from chrome with timestamps on it.

I've already applied for a Judicial Review so waiting to see what went wrong.

Have any of you experienced any of this before?

Some other info - I've been to Canada before as a tourist and haven't had any issues in the past. Also my tourist visa was valid while I was doing this study permit application so didn't even have any intent to misrepresent and gain entry.

Thanks and waiting to hear from all of you.

1. Did you respond to the pdf yourself or through a lawyer?
2. Why didn’t you wait for a reply from ircc visa officer before withdrawing your gic your application was in progress that time so it’s your mistake.
3. For what are you judicial reviewing what did you say to the ircc lawyer?

 

[pepega]

1. Did you respond to the pdf yourself or through a lawyer?
2. Why didn’t you wait for a reply from ircc visa officer before withdrawing your gic your application was in progress that time so it’s your mistake.
3. For what are you judicial reviewing what did you say to the ircc lawyer?

1. I responded to the PFL myself which might have been the entire issue.
2. IRCC may or may not reply to webforms so I thought it was fine to withdraw as long as I informed them about it. Also my course start date had already passed.
3. Judicial review because I already told them about the withdrawal before any sort of PFL was sent so my duty of candor to disclose changes was complete.

The other thing is IRCC had questions about the genuine-ness about my GIC from what I can see from the officer's notes and they didn't mention any of this in the PFL. Just said we checked your GIC and it was found to be withdrawn, please explain.
Lawyer mainly argues about the reasonableness of the decision and their failure to sufficiently acknowledge my PFL response.

There was nothing fraudulent, My visa just took too long to get processed so I withdrew and that led to this entire misunderstanding. I think the officer might have thought something is off just because my country has lots of cases of fraudulent documents and all.

What the law says is withholding information is misrepresentation, but in my case I informed them and didn't withhold anything

 

[Hehee]

1. I responded to the PFL myself which might have been the entire issue.
2. IRCC may or may not reply to webforms so I thought it was fine to withdraw as long as I informed them about it. Also my course start date had already passed.
3. Judicial review because I already told them about the withdrawal before any sort of PFL was sent so my duty of candor to disclose changes was complete.

The other thing is IRCC had questions about the genuine-ness about my GIC from what I can see from the officer's notes and they didn't mention any of this in the PFL. Just said we checked your GIC and it was found to be withdrawn, please explain.
Lawyer mainly argues about the reasonableness of the decision and their failure to sufficiently acknowledge my PFL response.

There was nothing fraudulent, My visa just took too long to get processed so I withdrew and that led to this entire misunderstanding. I think the officer might have thought something is off just because my country has lots of cases of fraudulent documents and all.

What the law says is withholding information is misrepresentation, but in my case I informed them and didn't withhold anything

1. I know some people might say this is not true. But you should have hired a lawyer to write your PFL this is the only time IRCC lets you respond for what I am thinking whatever you wrote didn’t convince them.
2. That’s wrong you should have waited for their reply if the IRCC told you it’s fine you should have withdrawn your GIC. I think when you took your GIC they started your application which I believe you are unlucky at.
3. Judicial review takes some time so better hope you become successful.

 

[Hehee]

1. I responded to the PFL myself which might have been the entire issue.
2. IRCC may or may not reply to webforms so I thought it was fine to withdraw as long as I informed them about it. Also my course start date had already passed.
3. Judicial review because I already told them about the withdrawal before any sort of PFL was sent so my duty of candor to disclose changes was complete.

The other thing is IRCC had questions about the genuine-ness about my GIC from what I can see from the officer's notes and they didn't mention any of this in the PFL. Just said we checked your GIC and it was found to be withdrawn, please explain.
Lawyer mainly argues about the reasonableness of the decision and their failure to sufficiently acknowledge my PFL response.

There was nothing fraudulent, My visa just took too long to get processed so I withdrew and that led to this entire misunderstanding. I think the officer might have thought something is off just because my country has lots of cases of fraudulent documents and all.

What the law says is withholding information is misrepresentation, but in my case I informed them and didn't withhold anything

So also you got your notes? You can also argue that you have a valid visit visa and you didn’t break any laws while you were there and just a misunderstanding and admit your mistake and I believe you might pass.

 

[pepega]

1. I know some people might say this is not true. But you should have hired a lawyer to write your PFL this is the only time IRCC lets you respond for what I am thinking whatever you wrote didn’t convince them.
2. That’s wrong you should have waited for their reply if the IRCC told you it’s fine you should have withdrawn your GIC. I think when you took your GIC they started your application which I believe you are unlucky at.
3. Judicial review takes some time so better hope you become successful.

Thanks for your inputs.

1. That's what I think too, In hindsight I should have sent all sorts of proofs and documents they did not even ask for instead, I just told them my course start date had passed and there were travel bans so no longer made sense for me to go and that I already informed them of the withdrawal.

2. I can see from application notes that they first verified my fees and IELTs scores and other stuff and then only after 3 months of the application being idle they checked the GIC.

3. Yes, already filled the applicant's record. Waiting to hear from their side. I hope that they just assumed the GIC was fraudulent as I can easily disprove this. Also looked at a lot of judicial review court files for misrep and I've noticed that many times judges send it back for reconsideration even if the officer made a small error in their notes like failing to mention certain things. I saw a case go back for reconsideration even when the applicant forgot to disclose a previous visa refusal.

Hoping for the best, Never seen anything similar to my case in these forums or the court files so don't know what to expect. Don't want something so trivial affecting my future travel plans to other countries.

 

[pepega]

So also you got your notes? You can also argue that you have a valid visit visa and you didn’t break any laws while you were there and just a misunderstanding and admit your mistake and I believe you might pass.

I got Rule 9 Reasons and Decisions through the court, not sure if these are the same as GCMS notes.

And yes I had a Valid Tourist Visa so can prove there was no intent to misrepresent which the lawyer says needs to be done if we argue along the "Innocent Misrepresentation exception" lines

 

[Hehee]

I got Rule 9 Reasons and Decisions through the court, not sure if these are the same as GCMS notes.

And yes I had a Valid Tourist Visa so can prove there was no intent to misrepresent which the lawyer says needs to be done if we argue along the "Innocent Misrepresentation exception" lines

Yes admitting your mistake and proving your gic was genuine will work your plus point is your visit visa which will work on your favour. I know last could not be changed but you should have not written your Procedure fairness letter if you came earlier here I would have given you a lawyer name. But let’s hope for the best whatever happens but my guts tell me you will definitely win as it’s not a big misprentation.

 

[Hehee]

I got Rule 9 Reasons and Decisions through the court, not sure if these are the same as GCMS notes.

And yes I had a Valid Tourist Visa so can prove there was no intent to misrepresent which the lawyer says needs to be done if we argue along the "Innocent Misrepresentation exception" lines

Also can you share your rule 9 or gcms notes?

 

[pepega]

Yes admitting your mistake and proving your gic was genuine will work your plus point is your visit visa which will work on your favour. I know last could not be changed but you should have not written your Procedure fairness letter if you came earlier here I would have given you a lawyer name. But let’s hope for the best whatever happens but my guts tell me you will definitely win as it’s not a big misprentation.

Thanks for saying that.
The other thing is I applied to a community college instead of a large university just because I liked the more practical approach to education. It's possible the visa officer thought why someone with good grades and almost a 9 IELTs score is applying to a college(Conestoga) and the officer may have thought something is fishy.

I've learned to be more careful now. I also have decent travel history to the USA, UK and lots of other countries so hope that works in my favor.
Sort of sucks that such a small misunderstanding can ruin a person's ability to travel. I need to renew some of Visas and I'm just waiting for this to get hopefully sorted.

The other thing is it would be nice if the IRCC webform would send an automatic email confirmation every time you submit for our own record keeping purposes and so we can be sure it has gone through. Even webforms from basic HTML sites from the early 2000s have this feature.

 

[pepega]

Also can you share your rule 9 or gcms notes?

Yes let me ask my lawyer if it's ok to post them publicly.
In the notes first they suspected the GIC wasn't genuine and in the final decision maker's notes it says I failed to inform them of the GIC withdrawal which is not true.

 

[Hehee]

Thanks for saying that.
The other thing is I applied to a community college instead of a large university just because I liked the more practical approach to education. It's possible the visa officer thought why someone with good grades and almost a 9 IELTs score is applying to a college(Conestoga) and the officer may have thought something is fishy.

I've learned to be more careful now. I also have decent travel history to the USA, UK and lots of other countries so hope that works in my favor.
Sort of sucks that such a small misunderstanding can ruin a person's ability to travel. I need to renew some of Visas and I'm just waiting for this to get hopefully sorted.
Yes I know it sucks but it’s little mistake of you as well. Visa officer has to see everything if he doesn’t he might get in trouble you had a change of procedure fairness letter but I think was weak.
Yes but your visit visa is your strength right now as they only gave you so you can argue that.
personal question why did you want to withdraw form Canada were you looking somewhere else or wanted to try other time?

The other thing is it would be nice if the IRCC webform would send an automatic email confirmation every time you submit for our own record keeping purposes and so we can be sure it has gone through. Even webforms from basic HTML sites from the early 2000s have this feature.

Nope that doesn’t matter visa officer are not college or universities admission giver who do or take admission wherever you like that’s dumb if they think like that. But you should explain in your sop why this program as it is really hopefully you did that. My friend also had all 90 he took admission in Columbia college private college and got visa. Just a write a Strong sop.

 

[Hehee]

Yes let me ask my lawyer if it's ok to post them publicly.
In the notes first they suspected the GIC wasn't genuine and in the final decision maker's notes it says I failed to inform them of the GIC withdrawal which is not true.

Yes I think your travel history is really strong but the biggest value is your visit visa as they gave it to you.
Personal question why did want to withdraw your student visa were you looking for the next intake or wanted to try somewhere else?

 

[pepega]

Yes I think your travel history is really strong but the biggest value is your visit visa as they gave it to you.
Personal question why did want to withdraw your student visa were you looking for the next intake or wanted to try somewhere else?

Because my course was to start in May and my Visa had not come by then. I wasn't interested in online classes because my course is very hands on and needs lab sessions to understand properly. Also there were travel bans around the same time and the whole situation was very uncertain.

Also in May I landed a remote Job that paid more than what I would have earned if I had stayed in Canada on a PGWP after graduation so I realized there isn't much point in getting another degree if I am already capable of getting ahead in my career without a master's level degree.

 

[Hehee]

Because my course was to start in May and my Visa had not come by then. I wasn't interested in online classes because my course is very hands on and needs lab sessions to understand properly. Also there were travel bans around the same time and the whole situation was very uncertain.

Also in May I landed a remote Job that paid more than what I would have earned if I had stayed in Canada on a PGWP after graduation so I realized there isn't much point in getting another degree if I am already capable of getting ahead in my career without a master's level degree.

So you canceled your plan for Canada? If you did why are you spending so much on judicial review not being mean just curious?