Appealing misrepresentation. ..

[nancyzm]

Another case http://www.canlii.org/en/ca/irb/doc/2006/2006canlii62439/2006canlii62439.html?searchUrlHash=AAAAAQAnIG1pc3JlcHJlc2VudGF0aW9uIGNoaWxkIGFwcGVhbCBhbGxvd2VkAAAAAAE

 

[nancyzm]

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii84523/2009canlii84523.html?searchUrlHash=AAAAAQAmbWlzcmVwcmVzZW50YXRpb24gYXBwZWFsIGFsbG93ZWQgY2hpbGQAAAAAAQ

 

[nancyzm]

There is a LOT more cases but I don't think I can read anymore. Thank you to all the people who were supportive and wished us luck I'm feeling slightly more optimistic. Also a huge thanks to the person who posted about looking up similar cases to ours. It has been a lot more helpful than some people on here

 

[Obronibini]

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

I don't see why you should be upset , just take it easy because at the end of the day you don't have to convince anyone here but cic . People here are not professionals ,lawyers or cic officials nor judges so their suggestions are not 100 percent accurate . They only suggest things base on what they've read or heard etc . All the cases you posted are unique on their own . The first one was easy and they had solid prove etc the fact that their child had medical issues and they visited each other lots of times helped .. gather your proves and evidence to support your case, you might be lucky . This is not to discourage you but your case seem like a difficult one compared to the links you posted . But again I am not a judge or a cic official so I may be wrong . With God anything is posible .it may take alot of work so gather everything you can and have to prove your case. Don't be upset at forum members they made their suggestions based on what they know .. All the best

 

[scylla]

Make sure you hire a good lawyer if you are going to try to appeal. You should expect this to cost you somewhere in the $3K to $6K range. Good luck.

 

[on-hold]

Yes, I don't think anyone here wishes you ill, or thinks that your mis-representation is a permanent bar to your husband's immigration. However, I'm a little bored at work today and looked through those links you posted -- the vast majority of them are people who committed misrepresentation on their original application, came to Canada, settled, and then were caught and had their status revoked. In other words, they are appeals for remaining in Canada (when someone is settled, often with children and family, and can demonstrate a history of education, work, and essentially becoming Canadian). Your husband doesn't have those to support him -- he's trying to get into Canada after being caught lying.

There's only one successful appeal that I read that is comparable to your situation, the couple from Nigeria who lied about a previous visa refusal during the interview -- and at the end of that, there seems to be some sort of boilerplate that suggests the two years exclusion for the applicant have already passed (not sure what that means, but I suspect it is that the two years are up, but that the H&C appeal is allowed, so they don't have to reapply).

I still think the basic point -- that appeal will be expensive, time-consuming, and uncertain, is true. If you're looking on it as something that might work and will be faster than waiting for two years, you should find some way to check the timelines.

 

[keesio]

agree with on-hold. Everyone is basically telling you it will be at least extremely difficult and arduous task. While this news is discouraging, it is just as "helpful" as the more positive news.

The best advice is honest advice, not "news that makes me feel better" advice. Everyone here is providing advice on their own free time to be helpful. To call us ignorant for dispensing advice you feel is "discouraging" is actually a bit insulting.

 

[nancyzm]

Yes, I don't think anyone here wishes you ill, or thinks that your mis-representation is a permanent bar to your husband's immigration. However, I'm a little bored at work today and looked through those links you posted -- the vast majority of them are people who committed misrepresentation on their original application, came to Canada, settled, and then were caught and had their status revoked. In other words, they are appeals for remaining in Canada (when someone is settled, often with children and family, and can demonstrate a history of education, work, and essentially becoming Canadian). Your husband doesn't have those to support him -- he's trying to get into Canada after being caught lying.

There's only one successful appeal that I read that is comparable to your situation, the couple from Nigeria who lied about a previous visa refusal during the interview -- and at the end of that, there seems to be some sort of boilerplate that suggests the two years exclusion for the applicant have already passed (not sure what that means, but I suspect it is that the two years are up, but that the H&C appeal is allowed, so they don't have to reapply).

I still think the basic point -- that appeal will be expensive, time-consuming, and uncertain, is true. If you're looking on it as something that might work and will be faster than waiting for two years, you should find some way to check the timelines.

There was more than one case where the application was sent back to the VO for processing. I know it is expensive, the lawyer has already told us that it will cost 4 k. I live in Vancouver and I have heard that the wait times are shorter here. Instead of doing nothing for 2 years we can try this at least instead of having to wait and reapply all over again. I will be visiting my husband in the fall or winter later this year. I'm optimistic but I'm also realistic about the possibility that our appeal maybe dismissed. But at least we know we tried. I'm sorry if I came off rude. If you go to my previous post and see the reply everyone was very discouraging.

 

[on-hold]

Nah, don't worry about it! You have much more at stake than we do -- but remember to check the timelines for an appeal. 4K could pay for a second extended trip to the Middle East . . .

 

[nancyzm]

agree with on-hold. Everyone is basically telling you it will be at least extremely difficult and arduous task. While this news is discouraging, it is just as "helpful" as the more positive news.

The best advice is honest advice, not "news that makes me feel better" advice. Everyone here is providing advice on their own free time to be helpful. To call us ignorant for dispensing advice you feel is "discouraging" is actually a bit insulting.

Only a few were actually helpful. If you go back and read the replies people were saying a misrepresentation can only be appealed if cic made a mistake, that we can't appeal on H & C grounds with misrepresentation etc. They were not helpful at all. Some cases where there was proof of clear misrepresentation such as providing fraud documents, not putting family members on the application were overlooked and appeal was allowed.

 

[zardoz]

There was more than one case where the application was sent back to the VO for processing. I know it is expensive, the lawyer has already told us that it will cost 4 k. I live in Vancouver and I have heard that the wait times are shorter here. Instead of doing nothing for 2 years we can try this at least instead of having to wait and reapply all over again. I will be visiting my husband in the fall or winter later this year. I'm optimistic but I'm also realistic about the possibility that our appeal maybe dismissed. But at least we know we tried. I'm sorry if I came off rude. If you go to my previous post and see the reply everyone was very discouraging.

I should point out that IF you lose your appeal, as far as I remember, the two years starts from the end of the appeal process. You might want to consider this...

 

[JRPW]

I'm sorry if I came off rude. If you go to my previous post and see the reply everyone was very discouraging.

If you aren't ready, nor willing, to accept constructive criticism, it would be in your best interest not to ask about your case. With that being said, I accept your apology. No one is saying that your husband won't eventually get his PR. I think he probably will get his PR, however, I think, as someone already mentioned, it will be a difficult and frustrating process. In all honesty, I think it should be. IMO, your husband wasn't truthful in his application; he lied. If your husband wasn't punished for his lack of indiscretion, it would've been a slap in the face of every other couple who applied truthfully. Don't take my message as being hurtful, that is not my intent. I, and other posters, are just giving you our honest opinions. I wish you luck in your case.

 

[nancyzm]

If you aren't ready, nor willing, to accept constructive criticism, it would be in your best interest not to ask about your case. It was insulting. With that being said, I accept your apology. No one is saying that your husband won't eventually get his PR. I think he probably will get his PR, however, I think, as someone already mentioned, it will be a difficult and frustrating process. In all honesty, I think it should be. IMO, your husband wasn't truthful in his application; he lied. If your husband wasn't punished for his lack of indiscretion, it would've been a slap in the face of every other couple who applied truthfully. Don't take my message as being hurtful, that is not my intent. I, and other posters, are just giving you our honest opinion. I wish you luck in your case.

Its okay I understand. I may have come off a bit rude cause I was frustrated and a little sensetive at this time I hope you all will understand my situation. I agree the misrepresentation is valid and trust me, my husband, our child and I have paid for it. I just really needed some hope right now.

 

[nancyzm]

I should point out that IF you lose your appeal, as far as I remember, the two years starts from the end of the appeal process. You might want to consider this...

How do you know this?

 

[on-hold]

If you aren't ready, nor willing, to accept constructive criticism, it would be in your best interest not to ask about your case. It was insulting. With that being said, I accept your apology. No one is saying that your husband won't eventually get his PR. I think he probably will get his PR, however, I think, as someone already mentioned, it will be a difficult and frustrating process. In all honesty, I think it should be. IMO, your husband wasn't truthful in his application; he lied. If your husband wasn't punished for his lack of indiscretion, it would've been a slap in the face of every other couple who applied truthfully. Don't take my message as being hurtful, that is not my intent. I, and other posters, are just giving you our honest opinions. I wish you luck in your case.

Looking through this thread, your contribution to it seems to be telling her that her husband committed a serious crime and that he deserves to be punished. How is that constructive criticism? She wasn't asking to be told she was getting what she deserved, she was asking about the possibility of appealing.

She was absolutely right to point out that there are precedents of people committing misrepresentation who had their exclusion/cancellations reversed on appeal. Whether that's normal or not, or whether it happened more in the past than today, is a question for a lawyer. Perhaps she got a little more upset than is called for, but in general that's acceptable for people who are worried about serious questions.