Honest Mistake

[goldenapple]

Mail PMM personally - he will reply except he is out in space where there is no internet access...

 

[nom018]

I just received my letter of rejection today . Our almost 6 years of waiting is now gone.

Lessons learned: Be very careful in answering your application forms, my case is a simple negligence even though I answered in good faith.

To those who know our case and offered prayers directly or indirectly, gave words of encouragement, thank you so much.

To those who made it, you guys are so lucky, take good care of your blessing.

 

[dubey]

So sorry about your case.
Were u just rejected or they also banned you for misrepresentation which would mean 2years ban?

 

[goldenapple]

I just received my letter of rejection today . Our almost 6 years of waiting is now gone.

Lessons learned: Be very careful in answering your application forms, my case is a simple negligence even though I answered in good faith.

To those who know our case and offered prayers directly or indirectly, gave words of encouragement, thank you so much.

To those who made it, you guys are so lucky, take good care of your blessing.

Relax my dear. Don't put your tail between your legs (figuratively)! Look up, don't lose hope, I believe there is a way to salvage this. Have you contacted David Cohen? If you have not, please do. Now you need an excellent and trusted lawyer like Cohen to represent you and fight your case. Best!

 

[rocky272727]

Two weeks ago, I received a letter of possible inadmissibility due to misrepresentation. We committed an honest mistake on our application, we check the NO box of paragraph 1 question 9 about conviction, charged, under trial, etc., and it's under Schedule 1 Background/Declaration. I had a previous case which didn't even reach trial and is already dismissed a couple of months before I applied as FSW. The way I understand the question is, if I am presently under those circumstances mentioned. I should have answered YES, because they simply wanted to know if I had previous case/s. Obviously, I misunderstood the question because I didn't read it carefully. It was careless of me to assume that everything is a negative answer because the opening question was “Have you, ... ever: been convicted of, or are you currently charged with, ...”. They even pointed out that I answered negatively 3 times, once when we filed our initial application and twice when we update our application in the span of 5 years. Of course I only copied my previous answers every time I update my application; I have no idea that my answers were wrong. I'm done with the medicals since July 2009 and submitted all the required docs. they need. Prior to this letter a couple of months back, they already asked me to submit all the pertinent documents surrounding the case which I complied but they didn't point out about this mistake that's why I'm surprised about this letter. They gave me a chance to explain my side which I complied immediately. At the moment I'm just waiting for their reply.

It NEVER crossed my mind to conceal any material fact about myself, we (applicants) for a fact knows that our application will undergo rigorous scrutiny, who in his right mind would compromise the future of his family. My previous case was just a simple slight physical injury filed against me just to harass me. The guy owe me some money and keeps on promising me to pay but to no avail and one thing leads to another and it ended in a fist fight.

Since we got the letter, my wife and I are so depressed to the point we almost cried thinking that our 6 years of time, money & effort will just go to waste.

By the way I'm just a newbie on this forum; hope someone can give me some advice & encouragement. Likewise, may I know the chances & remedy of our case if there is? Is there a similar case wherein a positive decision was made in favor of the applicant? Thanks in advance.

Really sorry to hear about your case. I have not been in this kind of situation but as per the instruction guide, operational manual's and the information I have, I will be very honest here and please do not take me wrong. Well as it was not your intension to hide anything but as per the documents you submitted which reached the VO, once they process them and something which you didn't mention in the forms comes up, it raises a red flag. Then here comes the immigration system transparency which they call that they have given you a chance to prove why you did it and what happend. So I believe that you must have submitted all the documents pertaining to that case and a letter stating the fault which you committed unintentionally. If everything is intact then it shall not be a problem as you mentioned that you were not convicted. So pray and be positive technically it should be fine.

I just read your post regarding the rejection.

I know you must be disturbed, but whenever you can, try and PM or mail me your case, do not share any personal information but mail me your case at r9@live.ca. Case like when you applied under which category, how many years experience you have and all points calculation and I will try my best to suggest you the best course of action. I also learnt a lot from this forum and people lile PMM, LEON, RUPESH, PROFESSIONAL1 and many more who helped me take the right decision gave me a chance to fulfill and do what I wanted to do.

So please share.

 

[tim50]

nom018,
Feeling very bed to hear about this rejection. Did CIC write anything about ban etc?
Thanks,
Tim

 

[shibuya]

Tim u had started a thread on a related subject hence our sincere advice be frank and success will be urs.

 

[tim50]

Thanks. Need moral support from all of you.

 

[nom018]

Hi guys, just want to let you know that I applied for an Application for Judicial Review in Canada, though I'm still here in my country. I hired a lawyer to represent me.

I'm happy to inform you that the judge overturned the decision of the visa officer!

Now I'm vindicated. Praise God!

Hope things will turn out fine from hereon.

I tried to post the link but apparently, I'm not allowed to post links. Just go to the website of Federal Court of Canada and click Decisions, then click Decisions recently posted, then click Week of April 24, 2011, then click the 14th case IMM-4753.

 

[devilhimselff]

EXCELLENT. May we know the lawyer and the procedure you followed. Just as a guide for anyone who needs it. Thanks for Updating.

 

[Sanam Pao]

Hi guys, just want to let you know that I applied for an Application for Judicial Review in Canada, though I'm still here in my country. I hired a lawyer to represent me.

I'm happy to inform you that the judge overturned the decision of the visa officer!

Now I'm vindicated. Praise God!

Hope things will turn out fine from hereon.

I tried to post the link but apparently, I'm not allowed to post links. Just go to the website of Federal Court of Canada and click Decisions, then click Decisions recently posted, then click Week of April 24, 2011, then click the 14th case IMM-4753.

Thanks for the update. So glad to hear that you got the second chance.

 

[fernendez]

The chances of them re-visiting the case is slim and inadmissibility is a big case.
What you can do is to get documents from the Police saying you were never charged and the case was dropped.Based on this, you can write to the immigration Minister and copy the V O because you have explained what happened and they could have called you for further interview if need be but they did not.

 

[Cappuccino]

Hi guys, just want to let you know that I applied for an Application for Judicial Review in Canada, though I'm still here in my country. I hired a lawyer to represent me.

I'm happy to inform you that the judge overturned the decision of the visa officer!

Now I'm vindicated. Praise God!

Hope things will turn out fine from hereon.

I tried to post the link but apparently, I'm not allowed to post links. Just go to the website of Federal Court of Canada and click Decisions, then click Decisions recently posted, then click Week of April 24, 2011, then click the 14th case IMM-4753.

Hi congratulations! Really good to hear, and also it is testimony that if CIC wrongly fail an application that you can appeal!

You probably cannot post links because you have not made enough posts on the forum. Anyway, for convenience of others wishing to read, here is the link which nom018 has described how to get to:
http://decisions.fct-cf.gc.ca/en/2011/2011fc462/2011fc462.html

The best line is this at the end:
"The Court is reluctant to make any ancillary order which would impose time limits on that process. However, the Court will fashion an order that will require the Respondent to place the Applicant’s file at the head of any waiting list and to require expeditious reconsideration. The Court expects full and complete compliance with both the letter and spirit of any such order."

This means, by court ruling, that they cannot just dump your case to the back of the queue and that the court expects them to reach a decision on your case within a reasonable timeframe.

Best of luck,
Wayne.

 

[pearl2010]

so happy for u nom018. finally u won!
As Cappuccino has pointed out, ur case is going to get expedited and u will hear gud news very sooooon
All the very Best for rest of ur process.

Regards
pearl2010

Hi guys, just want to let you know that I applied for an Application for Judicial Review in Canada, though I'm still here in my country. I hired a lawyer to represent me.

I'm happy to inform you that the judge overturned the decision of the visa officer!

Now I'm vindicated. Praise God!

Hope things will turn out fine from hereon.

I tried to post the link but apparently, I'm not allowed to post links. Just go to the website of Federal Court of Canada and click Decisions, then click Decisions recently posted, then click Week of April 24, 2011, then click the 14th case IMM-4753.

 

[nom018]

EXCELLENT. May we know the lawyer and the procedure you followed. Just as a guide for anyone who needs it. Thanks for Updating.

My lawyer is Matthew Jeffery, he has a website, just Google it. He takes care of everything once you get his services.

@ Cappuccino & pearl2010: Thanks for your kind words and for posting the link.

@ tim50: I don't know whats wrong but I can't reply to your PM, maybe I still don't have enough post to have such priviledge, sorry.