If our we’ve received a procedural fairness letter and after responding to it our application is refused, will we receive a 5 year ban ? Do all refusals receive a ban and if not, can you reapply? He is now out of status. If he is refused, will they issue a removal? Can this be fought?
- No, you won't automatically receive a 5 year ban if you are refused. IRCC will only apply the 5 year ban if they believe there has been material misrepresentation.
- If you are not given the ban, then yes, you can reapply.
- If you are given the ban, you can try to fight it but this is generally hard and you will need to hire an immigration lawyer.
- The fact he is out of status complicates the situation and means IRCC may say he need to leave Canada if refused.
- Given the kinds of questions you are asking, probably best that you be working with a good immigration lawyer if you aren't already.