Minor charged 18 years ago in India, but also acquitted, and is now filing for Canada PR.

[normie]

In a case where a minor was falsely framed and charged in India, along with many other minors, and later acquitted by the court; should this be notified to IRCC when applying for Visa?

Issue is, the individual never knew about these charges, never got a summon, never went to court, was living their life normally, until they applied for a PCC from their home country. Before all this, the individual had applied for visa in multiple countries and lived there, but there was never an issue, even their passport was issued without any problem. This person also got a work permit in Canada, and during filing, they mentioned NO in their application when asked about any Criminal Charges, because they never knew about this case.

Now since they are in Canada, and gathering documents for PR, they found out about this case. Upon requesting a PCC, the police prompted that a case shows up on their system, but they dont know the status. Upon digging, it was found that almost two decades ago, when the minor was still in school, a false case was filed against them and a group of students, which was also acquitted, so there are no pending cases. In the end, they got the PCC, that does not mention any criminal charges.

But now there is another dilemma about what needs to be done, as they have mentioned NO in their form when asked about being charged in the past.

Should they now approach IRCC, and tell them of this new finding? Or should they continue answering NO whenever asked.

Can anyone guide here?

 

[iSaidGoodDay]

In a case where a minor was falsely framed and charged in India, along with many other minors, and later acquitted by the court; should this be notified to IRCC when applying for Visa?

Issue is, the individual never knew about these charges, never got a summon, never went to court, was living their life normally, until they applied for a PCC from their home country. Before all this, the individual had applied for visa in multiple countries and lived there, but there was never an issue, even their passport was issued without any problem. This person also got a work permit in Canada, and during filing, they mentioned NO in their application when asked about any Criminal Charges, because they never knew about this case.

Now since they are in Canada, and gathering documents for PR, they found out about this case. Upon requesting a PCC, the police prompted that a case shows up on their system, but they dont know the status. Upon digging, it was found that almost two decades ago, when the minor was still in school, a false case was filed against them and a group of students, which was also acquitted, so there are no pending cases. In the end, they got the PCC, that does not mention any criminal charges.

But now there is another dilemma about what needs to be done, as they have mentioned NO in their form when asked about being charged in the past.

Should they now approach IRCC, and tell them of this new finding? Or should they continue answering NO whenever asked.

Can anyone guide here?

If there were charges against that minor and if they were acquitted, how did all of that happened without them knowing?

If those were criminal charges, they should select "yes" to the fact that they were "charged".

 

[normie]

The PCC report is clear though, and the individual was probably 15 or 16 years old at that time.

When they tried investigating the case in the court where it happened, the court clerk said that such trivial cases are not even taken to proper trial, because court does not have time for such petty cases and without any hearing or summoning, the court decided to dispose the case.

The case was disposed over 10 years ago, and while all this was happening, the individual and the others had no idea, were never informed nor intimated by anyone.

So if the PCC is clear, then also they have to say 'YES'?

 

[iSaidGoodDay]

The PCC report is clear though, and the individual was probably 15 or 16 years old at that time.

When they tried investigating the case in the court where it happened, the court clerk said that such trivial cases are not even taken to proper trial, because court does not have time for such petty cases and without any hearing or summoning, the court decided to dispose the case.

The case was disposed over 10 years ago, and while all this was happening, the individual and the others had no idea, were never informed nor intimated by anyone.

So if the PCC is clear, then also they have to say 'YES'?

I find this very hard to believe that a first information report(FIR) was written against someone and they were charged yet uninformed of it. Police usually shows up within the same day a FIR is registered. A court cannot act without the FIR.

Regardless, if the minor was charged and listed in the FIR, they have to say "yes".

 

[normie]

Okay. Thanks for clarity. It is quite surprising whatsoever.

But, do they have to inform IRCC now of this new information that they have received?
Since they are in Canada on Work Permit, and had answered NO in the section where they ask about criminal charges?

 

[iSaidGoodDay]

Okay. Thanks for clarity. It is quite surprising whatsoever.

But, do they have to inform IRCC now of this new information that they have received?
Since they are in Canada on Work Permit, and had answered NO in the section where they ask about criminal charges?

Yes, they'll have to declare it while answering statutory questions as they fill their PR application.

 

[normie]

So they don't have to update IRCC of anything now?

Instead will do when filling their PR application after ITA?

 

[iSaidGoodDay]

So they don't have to update IRCC of anything now?

Instead will do when filling their PR application after ITA?

I don't know if informing separately through LoE would be required in this case, but about the statutory question a "yes" is required. I'll wait for other members to chime their thoughts in.

 

[normie]

Thank you

 

[normie]

Would appreciate if any more senior members could guide here.

 

[rocky2610]

Would appreciate if any more senior members could guide here.

Any luck?

 

[iSaidGoodDay]

Any luck?

OP was charged(even though charges were dropped) and it should be declared. There's no luck here tbh.