Misinterpretation: I have concerns that you did not answer truthfully to the following the statutory question on the IMM 1294 Application for Work Per
- Thread starter Thash_91
- Start date
Update: wrote the response letter by myself got an affidavit done.
got my PPR after 3 weeks.
got my PPR after 3 weeks.
This refers to your Canadian Study Permit application.
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 concerns that you do not meet the requirement put upon you by subsection 16(1) of the
Immigration and Refugee Protection Act (IRPA), 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.
I have additional concerns that you may be inadmissible under subsection 40(1) of IRPA, which
states:
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.
Specifically, I am concerned that your response of 'No' to the question, 'Have you ever been
refused a visa or permit, denied entry or ordered to leave Canada or any other country or
territory?' omits material information regarding the outcome of your previous applications to visit
Canada and/or the USA. As the withholding of this information was liable to induce an error in
the administration of the Act, I am concerned that you may be inadmissible to Canada for
misrepresentation.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application, you would be inadmissible to Canada for a period of five years according to
subsection 40(2)(a):
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.
My answer to this aforementioned is Capital Yes. I never said No, as claimed by the visa offer.
Kindly give me your advice because I was only give 7 days to respond.
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 concerns that you do not meet the requirement put upon you by subsection 16(1) of the
Immigration and Refugee Protection Act (IRPA), 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.
I have additional concerns that you may be inadmissible under subsection 40(1) of IRPA, which
states:
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.
Specifically, I am concerned that your response of 'No' to the question, 'Have you ever been
refused a visa or permit, denied entry or ordered to leave Canada or any other country or
territory?' omits material information regarding the outcome of your previous applications to visit
Canada and/or the USA. As the withholding of this information was liable to induce an error in
the administration of the Act, I am concerned that you may be inadmissible to Canada for
misrepresentation.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application, you would be inadmissible to Canada for a period of five years according to
subsection 40(2)(a):
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.
My answer to this aforementioned is Capital Yes. I never said No, as claimed by the visa offer.
Kindly give me your advice because I was only give 7 days to respond.
Your post is a bit unclear. If you are saying that you answered "yes" to this question in your application and provided the details of all past refusals, then you should certainly respond with this correction and ask IRCC to review the responses in your application. I assume you applied yourself and without the help of an agent.
check your application. Check if you have said yes or no. If it says yes and your refusals are mentioned use that as proof and write your reply letter backed with evidence.
You can also get a lawyer to do this.
What if you have couple of refusals i.e. USA and Europe. Is it okay to click "yes" and explain only one, say USA?
No, it's not okay to partially hold information. Mention and explain all past refusals.