Appealing misrepresentation. ..

[Alurra71]

Can he get an ARC even though he's never been to Canada? Would they even consider it since he has the misrepresentation?

The ARC would have to be in conjunction with either another PR application or with another form of visa application. I only mentioned it because it was brought up in the conversation and it would be needed before the 2 year exclusion order is served if another visa were to be applied for. I know the acronym is "authorization to return to canada" ARC, but it's an all encompassing title. It would include your husband as well even though he's never been here.

 

[nancyzm]

The ARC would have to be in conjunction with either another PR application or with another form of visa application. I only mentioned it because it was brought up in the conversation and it would be needed before the 2 year exclusion order is served if another visa were to be applied for. I know the acronym is "authorization to return to canada" ARC, but it's an all encompassing title. It would include your husband as well even though he's never been here.

can he do the ARC with a TRP or TRV application?

 

[Alurra71]

can he do the ARC with a TRP or TRV application?

Both would need to be approved, but as stated multiple times throughout this thread, it would be an unwise applying for a TRP for him at this point. It is highly unlikely that it will be issued so why waste the money?

 

[keesio]

I've yet to hear of any instance of clear misrepresentation being successfully appealed on any grounds. I'm afraid the OP will have a tough road ahead...

 

[mikeymyke]

It can only really be appealed if CIC made an error, or they have documents to prove the misrepresentation wasn't true. But that's not the case because the husband deliberately lied.

 

[nancyzm]

Hi guys

I've been looking through the records from federal court and i did find a case that had misrepresention but the appeal was allowed. This gives me hope because most of you have said our appeal will get refused and i was very discouraged. Here is http://www.canlii.org/en/ca/irb/doc/2008/2008canlii77875/2008canlii77875.html?searchUrlHash=AAAAAQAVwqBNYWxpayB2LiBDYW5hZGEgNTA5AAAAAAE

 

[nancyzm]

I have also found another case. I know now that we do have a slight chance. Someone had said that you can't appeal on H & C ground based on misrepresentation however I have found this. I'm posting this so if anyone is in the same position we are in abd come looking for answers on this board they will not be discouraged. Here is another case http://www.canlii.org/en/ca/irb/doc/2008/2008canlii76539/2008canlii76539.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

Here is another one http://www.canlii.org/en/ca/irb/doc/2009/2009canlii74588/2009canlii74588.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

Yet another case. http://www.canlii.org/en/ca/irb/doc/2009/2009canlii85433/2009canlii85433.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

I'm upset now at how most of the people on this board have been discouraging and ignorant on this topic. There is hope. Even with CLEAR misrepresentation appeal has been ALLOWED. Especially if it is in the best interest of a child. Everything is God's hands. May Allah help us inshallah http://www.canlii.org/en/ca/irb/doc/2009/2009canlii82715/2009canlii82715.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

Another one. http://www.canlii.org/en/ca/irb/doc/2008/2008canlii87067/2008canlii87067.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

Yet another one http://www.canlii.org/en/ca/irb/doc/2009/2009canlii82451/2009canlii82451.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

Another one. http://www.canlii.org/en/ca/irb/doc/2009/2009canlii89671/2009canlii89671.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

Another one... http://www.canlii.org/en/ca/irb/doc/2008/2008canlii35154/2008canlii35154.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

http://www.canlii.org/en/ca/irb/doc/2012/2012canlii61039/2012canlii61039.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE