5 yr banned

[zardoz]

Thank you for the response,
this is what happened, i hired a 3rd party company for the visa application to Canada, i got the visa and decided to travel, when i got to the airport i was told that there was a misrepresentation on the application and that i was not able to go into Canada, so i asked for a refugee claim and they filled the application, since my wife is already a PR i asked them to let me see her so they gave me 2 days to be with my wife and make a decision to stay or come back, since i didn't want to enter the country in a bad way i chose to go back so they had me sign that i withdrew my application to enter the country and the refugee application was cancelled cause they never sent it to the refugee board, so i got a paper telling me that i can apply to a visa or refugee any time in the future...but upon my return to my home country 2 days later i got a letter saying taht due to the misrepresentation i got a 5 yr ban to enter Canada...now my wife got into a accident and she need me, and i am trying to go back...i do not have a US visa. my wife was in the process to sponsor me this year, now what do it do?

this is my predicament...i thought that as long i can get into Canada i could ask for the refugee claim and stay with my wife, i also was told that i could appeal and send a statutory declaration stating that i was not aware of the misrepresentation done by the 3rd party company i used, but i don't know if that will help at least to lift the ban.

Thanks in advance for your response

All you can do is go to your airport and try to get on a flight to Canada. If they refuse to board you, you will have your answer.

Any other course of action will take a very long time to process. There are no quick fixes.

 

[vensak]

The misrepresentation clause applies to all immigration routes to Canada whether temporary, permanent or even humanitarian as defined in part 1 of the IRPA but not to asylum and refugee protection which is dealt with separately in part 2 of the IRPA. In addition, admissibility findings for asylum applicants are only decided by the IRB not the IRCC or the CBSA.

Having said that there is no way to make an asylum claim without first being in Canada so there is a practical interplay for the inadmissibility clauses in part 1 that should prevent you from arriving to Canada normally but alas don't affect your eligibility to make asylum case should you happen to be in Canada for any reason. The exception of course is for people with serious criminal convictions, human rights violations, war crimes..etc as found in part 2 of the IRPA which is in line with refugee convention/protocol agreed upon internationally.

Most airlines will electronically verify your visa at the check-in counter when you request your boarding pass, but some others may not have this capability and will only do a visual check on your passport. This is a policy followed by the airlines as mandated by Canada and has nothing to do with which country you are flying from. There has been a case filed in the Canadian Federal court somewhat similar to you in which the applicant who was denied entry claimed she did not receive the cancellation notice before she went to travel and ultimately her application was allowed.

If you do manage to arrive to Canada either by air or by any other means such as illegal crossing and you ask to make an asylum claim your case will be heard at the POE and you may be allowed to physically enter Canada but not be legally admitted meaning you won't have your passport stamped but rather confiscated along with your other documents and you will not have an immigration status but rather a suspended state of your border inspection process pending the review of the IRB to your refugee claim in which they will either declare you a convention refugee or dismiss your claim sending you back to CBSA to conclude your entry inspection most likely resulting in your deportation.

In your asylum case the misrepresentation may be used against you as the minister would like to show any negative aspects about your credibility but will not likely carry any weight in the view of the judge because this is irrelevant to your case and if that was the case then almost all asylum cases could be denied this way as almost all applicants have stated a different reason for their visit to Canada whether in their visa applications or during inspection at POE before actually making their asylum claim. Others have crossed illegally or were smuggled (committed a crime upon entry) or used fraudulent/stolen documents to reach Canada and were allowed to have a hearing. In the end it depends on you being able to demonstrate well-founded fear and the evidence you bring to the table, not how you made into Canada.

However should you be successful and declared a convention refugee the misrepresentation will still affect you as IRCC will continue to deny any visa application such as PR for 5 years and also any H&C application will be refused should you lose your asylum case for the same reason.

His additional problem is, that he already had one refugee claim which he withdrew. And even if that one did not go in front of the committee, it will be used against him. So he would have to prove, that things have changed between his last visit to Canada and now. That will also give more weight to his misinterpretation case (why to fake some documents or facts, if he did not feel, that his refugee case was strong and he withdrew it).

 

[LifeDreamer]

Thank you for the response,
this is what happened, i hired a 3rd party company for the visa application to Canada, i got the visa and decided to travel, when i got to the airport i was told that there was a misrepresentation on the application and that i was not able to go into Canada, so i asked for a refugee claim and they filled the application, since my wife is already a PR i asked them to let me see her so they gave me 2 days to be with my wife and make a decision to stay or come back, since i didn't want to enter the country in a bad way i chose to go back so they had me sign that i withdrew my application to enter the country and the refugee application was cancelled cause they never sent it to the refugee board, so i got a paper telling me that i can apply to a visa or refugee any time in the future...but upon my return to my home country 2 days later i got a letter saying taht due to the misrepresentation i got a 5 yr ban to enter Canada...now my wife got into a accident and she need me, and i am trying to go back...i do not have a US visa. my wife was in the process to sponsor me this year, now what do it do?

this is my predicament...i thought that as long i can get into Canada i could ask for the refugee claim and stay with my wife, i also was told that i could appeal and send a statutory declaration stating that i was not aware of the misrepresentation done by the 3rd party company i used, but i don't know if that will help at least to lift the ban.

Thanks in advance for your response

It would've been helpful if you came up with this information up front.

As I explained earlier you could have had a hearing to your case but in this case you voluntarily returned. This is very bad because now you have refugee claim on your record that will now prevent you from entering Canada and other countries for temporary reasons whether now, 5 years or even 10 or 20 years in the future. No country will admit a likely refugee applicant regardless of whether you can apply or not, so READ THE FINE PRINT!
In fact, you are no longer eligible to make this refugee claim in the future because you have retracted your claim showing yourself as being not credible and even voluntarily returned to your country whereas a genuine refugee would do all it takes to stay away from.

You are now confined to just making a direct PR application but since your wife is PR already this is good news to you meaning you just have to wait out the 5 years before she'll be able to sponsor you into Canada as a PR. But there is no chance of visiting in the mean time. Good Luck!

 

[Bornlucky]

His additional problem is, that he already had one refugee claim which he withdrew. And even if that one did not go in front of the committee, it will be used against him. So he would have to prove, that things have changed between his last visit to Canada and now. That will also give more weight to his misinterpretation case (why to fake some documents or facts, if he did not feel, that his refugee case was strong and he withdrew it).

If you look online you will find https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html

Your refugee claim may not be eligible to be referred to the IRB if you:

• have been recognized as a Convention refugee by another country that you can return to.
• have already been granted protected person status in Canada.
• arrived via the Canada-United States border.
• are not admissible to Canada on security grounds, or because of criminal activity or human rights violations.
• made a previous refugee claim that was not found eligible.
• made a previous refugee claim that was rejected by the IRB.
• abandoned or withdrew a previous refugee claim.

Since you withdrew your previous claim it simply will not be referred to the IRB. I can see you arriving and being detained and then removed. You might get a PRRA but even that wouldn't prevent your removal as POE PRRA's don't Stay a removal. What you have made clear is that you can live in your home country and that you cannot be trusted. Under current Canadian laws, you are not welcome here any which way you approach it.

 

[RASHEED LATEEF]

Good day please i need advice i just fill form today and i was sent message an email that i should be waiting for ITA so that i will request to submit all document but i document but i have an issu on one document.
What can i do before i will request to submit documents ?
Is it possible to cancel to avoid ban so that later i reapply.
Please i need advice.

 

[russ6970]

?

 

[Solomon Nyanzi]

That case happened to me recently. But is there any way I can make an appeal? 5 years is a lot of time

 

[PMM]

HI

That case happened to me recently. But is there any way I can make an appeal? 5 years is a lot of time

1. If you think that there was an error in Law, you can hire a lawyer and apply for the leave to appeal to the Federal Court. It is expensive, and the Federal Court may not give leave.