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judicial review after study permit rejected, please urgent help!

mom12

Member
Mar 24, 2021
12
0
That's great there is no such thing as a refusal.
hi bro Ironclad,
i need help. please help me i am very stressed right now, please i will not forget your help forever.
here is my timeline:
approval in principle on September 2020
received medical request on October 2020
Passport request on March 2021
Passport submitted for stamp on March 2021
and I received a message stating that i was not truthfully about my previous visa refusals, here below is the message which i received from them.
i had UK and US previous study visa refusal but i didn't mention on my Canada visa application form because my friend filled the application form for me.
.
.
This is in reference to your application for a Study permit to Canada (Student).

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:

16(1) a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Specifically, you indicated “No” to:
Question 2 (b) of the application form (IMM 5257) which states; ‘Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
However, it has been found that you have undeclared a previous refusal.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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 this Act
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under

I would like to give you an opportunity to respond to this information. I will afford you 15 days from the date of this letter to make any representations in this regard. If you do not respond to this request within the time outlined above, your application will be refused.
Please note: All documents must be accompanied by English or French translations. When original documents are requested, notarised documents are not acceptable.
Please note that we do not acknowledge the receipt of correspondence.
We will resume the processing of your application on receipt of the required documents or information.
 

Naturgrl

VIP Member
Apr 5, 2020
44,708
9,439
hi bro Ironclad,
i need help. please help me i am very stressed right now, please i will not forget your help forever.
here is my timeline:
approval in principle on September 2020
received medical request on October 2020
Passport request on March 2021
Passport submitted for stamp on March 2021
and I received a message stating that i was not truthfully about my previous visa refusals, here below is the message which i received from them.
i had UK and US previous study visa refusal but i didn't mention on my Canada visa application form because my friend filled the application form for me.
.
.
This is in reference to your application for a Study permit to Canada (Student).

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:

16(1) a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Specifically, you indicated “No” to:
Question 2 (b) of the application form (IMM 5257) which states; ‘Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
However, it has been found that you have undeclared a previous refusal.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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 this Act
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under

I would like to give you an opportunity to respond to this information. I will afford you 15 days from the date of this letter to make any representations in this regard. If you do not respond to this request within the time outlined above, your application will be refused.
Please note: All documents must be accompanied by English or French translations. When original documents are requested, notarised documents are not acceptable.
Please note that we do not acknowledge the receipt of correspondence.
We will resume the processing of your application on receipt of the required documents or information.
Did you create a new profile because the exact same question with the exact same refusals were asked and answered yesterday. Are you 1Baba1?
https://www.canadavisa.com/canada-immigration-discussion-board/threads/can-a-study-permit-reject-after-ppr.722042/post-9291782

You need a lawyer because you are facing a 5 year ban for misrepresentation. You lied on your application and saying a “friend filled out the form for me” is no excuse because you sign the form.
 
Last edited:
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GandiBaat

VIP Member
Dec 23, 2014
3,704
2,990
NOC Code......
2173
App. Filed.......
26th September 2021
Doc's Request.
Old Medical
Nomination.....
None
AOR Received.
26th September 2021
IELTS Request
Sent with application
File Transfer...
11-01-2022
Med's Request
Not Applicable, Old Meds
Med's Done....
Old Medical
Interview........
Not Applicable
Passport Req..
22-02-2022
VISA ISSUED...
22-02-2022
LANDED..........
24-02-2022
i had UK and US previous study visa refusal but i didn't mention on my Canada visa application form because my friend filled the application form for me.
Thats misrepresentation. And thats a trouble. Seek legal help and don't try to do this yourself.
"Friend filled the application form" is a weird thing. Unless they were legally representing you, they cann't fill your form and you will be on the hook for whatever form they will fill (in your name) and whatever info they supply to IRCC.
 

Ironclad

Champion Member
Aug 17, 2020
1,255
495
Canada
hi bro Ironclad,
i need help. please help me i am very stressed right now, please i will not forget your help forever.
here is my timeline:
approval in principle on September 2020
received medical request on October 2020
Passport request on March 2021
Passport submitted for stamp on March 2021
and I received a message stating that i was not truthfully about my previous visa refusals, here below is the message which i received from them.
i had UK and US previous study visa refusal but i didn't mention on my Canada visa application form because my friend filled the application form for me.
.
.
This is in reference to your application for a Study permit to Canada (Student).

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:

16(1) a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Specifically, you indicated “No” to:
Question 2 (b) of the application form (IMM 5257) which states; ‘Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
However, it has been found that you have undeclared a previous refusal.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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 this Act
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under

I would like to give you an opportunity to respond to this information. I will afford you 15 days from the date of this letter to make any representations in this regard. If you do not respond to this request within the time outlined above, your application will be refused.
Please note: All documents must be accompanied by English or French translations. When original documents are requested, notarised documents are not acceptable.
Please note that we do not acknowledge the receipt of correspondence.
We will resume the processing of your application on receipt of the required documents or information.
Severe cases are usually banned through a procedural fairness letter without any option to respond. You are lucky that you have been given 15 days to respond. Just reply back soon and state the facts that it was accidental, its pretty much straightforward. Just make sure you provide extensive information through your response or seek a professional help and don't botch it up again. Just saying the same things what others have already suggested as there is nothing much left to it.
 

Warvan

Member
Feb 5, 2021
14
7
30
hello,

update:

still, now I am waiting, after my case win JR and return to the embassy they ask me about updated documents, which I sent on 7th April, and till now no answer from them.
 

speed4mayank

Full Member
Jun 16, 2017
22
6
Canada
Category........
FSW
NOC Code......
2171
App. Filed.......
12/06/2017
AOR Received.
12-06-2017
Passport Req..
10/08/2017
VISA ISSUED...
18/08/2017
hello,

update:

still, now I am waiting, after my case win JR and return to the embassy they ask me about updated documents, which I sent on 7th April, and till now no answer from them.
Hello Warvan. After JR settlement how much time embassy took to ask your documents. My settlement was received last month and notice of dicontinuance is filled. But my application status is still refused.

Thanks
 
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Warvan

Member
Feb 5, 2021
14
7
30
Hello Warvan. After JR settlement how much time embassy took to ask your documents. My settlement was received last month and notice of dicontinuance is filled. But my application status is still refused.

Thanks

After 2 weeks, don't worry soon you will get it.
 
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speed4mayank

Full Member
Jun 16, 2017
22
6
Canada
Category........
FSW
NOC Code......
2171
App. Filed.......
12/06/2017
AOR Received.
12-06-2017
Passport Req..
10/08/2017
VISA ISSUED...
18/08/2017
Please share details about ur profile or lawyer as i see you also in India.
This is for my brother in law who is in India. He applied from new delhi but lawyer is based out in toronto...
 
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scylla

VIP Member
Jun 8, 2010
95,748
22,043
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
HI,
Important Update

- After JR my case take settlement and returned to the Canadian embassy, here is bad news they refused me again.:(

- And now I will not give up, I will apply again for JR second time.
Good luck. Let us know what happens.