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Appealing misrepresentation. ..

nancyzm

Star Member
Mar 18, 2014
64
0
on-hold said:
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.
Yeah that was definitely not helpful. Thank you for pointing that out :)
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
nancyzm said:
How do you know this?
ENF 2 states this in Section 10.14 but it might only be applicable for a determination inside Canada when a removal order is enforced. It's not 100% clear how this is applied to an appeal against a determination outside Canada.

Ask your lawyer for clarification.
 

JRPW

Star Member
Jul 9, 2012
197
7
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
2012
Doc's Request.
2013
AOR Received.
2012
Med's Request
2013 (re-med)
VISA ISSUED...
2014
LANDED..........
2014
on-hold said:
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.
From personal experience, I have dealt with Japanese Immigration for 12 years, a third of my life. In Japan, I helped (interpreted & translated legal documents) for individuals who overstayed their visas, gone through divorce, etc. I saw a lot of heartbreak and suffering. It wasn't pleasant. After reading about the OP's case, she didn't seem to realize that lying on a PR application was a serious crime. I pointed this out. Was it right? IMO, yes. In you opinion? Probably not. However, after working with individuals with similar cases, I, and my colleagues, always gave our clients our honest opinions about their situations. If the OP does go ahead with her appeal, I wish her luck. I really do. However, I think it was right to point out that being dishonest can lead to very serious punishment.
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
ok let's all let it go. The OP basically apologized and I think we all can understand that she is going through some extreme emotional duress. She's knows the risks and challenges. That the is the key thing she needed to know.
 

nancyzm

Star Member
Mar 18, 2014
64
0
zardoz said:
ENF 2 states this in Section 10.14 but it might only be applicable for a determination inside Canada when a removal order is enforced. It's not 100% clear how this is applied to an appeal against a determination outside Canada.

Ask your lawyer for clarification.
Thank you. I will ask about that.
 

nancyzm

Star Member
Mar 18, 2014
64
0
Hi guys its officially been 120 days since we filed the appeal. We have not received the blue book. Would they send it to the lawyer or both of us? What do we do now? Do I contact the IAD? Thanks in advance :)
 

scylla

VIP Member
Jun 8, 2010
95,904
22,151
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
Join the appeals thread:

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.3165.html
 

Anike007

Newbie
Sep 1, 2019
1
0
I was refused based on prior refusal cus of misrepresention and ban.i have never applied to d embassy dis is my first time I’m a Nigerian.i paid an agent for a visa and he brought electronic eta visa and I reject it perhaps he has tamper with my details and have bin banned since then how do I apeal this
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I was refused based on prior refusal cus of misrepresention and ban.i have never applied to d embassy dis is my first time I’m a Nigerian.i paid an agent for a visa and he brought electronic eta visa and I reject it perhaps he has tamper with my details and have bin banned since then how do I apeal this
There is no appealing it. You were responsible for your app and the ban is yours.