Inadmissible to Canada for 5 years based on 40(1)(a) - Can I reapply or appeal?

[Tiaa]

Hi everyone,

My niece helped her father to apply for a TRV but it was refused for the following reason:

1. You have not complied with our request for information, per subsection 16(1) of the IRPA. To date, you have failed to comply with our request for photographic and fingerprint evidence.
2. You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.

I have checked her documents for the application. She is an international student in Canada and made the application for the first time. All the mistakes she made were genuine because of her negligence and inexperience. For example, the dates of the travel history, the date of the employment etc. Her father has a US visa and a Canada Visa in the past. No refusal history before.

My question is, can she submit another application and explain the mistakes she made? Or is it worth hiring an immigration lawyer to appeal?

Thank you and looking forward to hearing the reply for the experts here.

 

[Naturgrl]

He cannot reapply as he is banned for 5 years. He would have to hire a Canadian lawyer to appeal and take it to federal court. It will cost a lot of money. He is the one who signs off on the application so has to take responsibility and there were errors in the application that he signed off on.

 

[scylla]

Hi everyone,

My niece helped her father to apply for a TRV but it was refused for the following reason:

1. You have not complied with our request for information, per subsection 16(1) of the IRPA. To date, you have failed to comply with our request for photographic and fingerprint evidence.
2. You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible to Canada for a period of five years from the date of this letter or from the date a previous removal order was enforced.

I have checked her documents for the application. She is an international student in Canada and made the application for the first time. All the mistakes she made were genuine because of her negligence and inexperience. For example, the dates of the travel history, the date of the employment etc. Her father has a US visa and a Canada Visa in the past. No refusal history before.

My question is, can she submit another application and explain the mistakes she made? Or is it worth hiring an immigration lawyer to appeal?

Thank you and looking forward to hearing the reply for the experts here.

Only option is to hire a lawyer to try to appeal the decision. Since the application had mistakes, it sounds like the refusal and misrepresentation ban was correctly applied by IRCC. It may be very difficult to overturn the decision. However you can certainly try.

 

[Saahilsharma]

He cannot reapply as he is banned for 5 years. He would have to hire a Canadian lawyer to appeal and take it to federal court. It will cost a lot of money. He is the one who signs off on the application so has to take responsibility and there were errors in the application that he signed off on.

Hi Naturgrl my brother got 16{ 1} letter from ircc. Will he get fees refund from college

 

[Naturgrl]

Hi Naturgrl my brother got 16{ 1} letter from ircc. Will he get fees refund from college

Don’t know your school’s refund policy so read the policy and then contact the school.