My mother's permanent Visa application fused. Need your help

[Rajeeshun]

I have sponsored my mother and submitted all the forms and documents in 2008. Visa office gave the application number and asked to submit the documents again in 2012 and we did same. In May 2013, Embassy sent the medical test form and my mother did well .We thought everything going well.

However, my mother made a mistake when she sent the documents second time. She missed the details of the siblings (However, we gave all the details when we submitted initially). In September, Visa officer sent a letter and asked the reason why she did not fill the sibling details. Also, Visa office has mentioned that we have filled the details of the sibling initially . We apologized for the mistake and gave the same details in the reply letter.

Yesterday, my mother got the visa refusal letter from embassy. The reason for rejection is missing sibling details. Though we sent the details initially and apologized for the mistake in second time form, visa officer rejected the application.

Now I would like to seek your help / suggestions and ideas on this.

1. Is this rejection is acceptable ?
2. Can I appeal?
3. Who should appeal? Is it by my mother or by me (sponsor?)
4. What should I do for appeal?
5. What are the chances for refusing again?


Please help me on this. I would like to get a good lawyer also for this case.

Thank you,
Raj

 

[petersiddle28]

Vow, that sounds absurd - We had some changes too ( in spousal ) but then is it that strict that they refuse application on basis of mistake
Where was this file? don't tell me New Delhi
What details were they asking or you missed?

You should appeal, this is very unfair

 

[Rajeeshun]

Vow, that sounds absurd - We had some changes too ( in spousal ) but then is it that strict that they refuse application on basis of mistake
Where was this file? don't tell me New Delhi
What details were they asking or you missed?

You should appeal, this is very unfair

yes,this is very unfair. We feel that as hurted

This file is from Colombo. Their question is detail of siblings of my 68 old mother. She even do not have any medical issues...

Please friends, tell me other options.

 

[petersiddle28]

Find lawyer locally and appeal, I am sure you will won - on what basis did they refuse? misrepresentation?

 

[Suin]

I'm sure you can appeal. That sounds like a visa officer's mistake. After your appeal is successful they will re-open your application and successfully finalize it for you.

 

[zardoz]

You should order the GCMS notes to see if the reply letter that was sent ever arrived.
You are making an assumption that may be false.

 

[Rajeeshun]

Find lawyer locally and appeal, I am sure you will won - on what basis did they refuse? misrepresentation?

Yes, the reason is 'Misrepresentation'

zardoz, Visa office mentioned that he / she received our reply and took the decision after reading the reply.

In the letter that Visa officer sent, mentioned that the decision cannot be appealed.

This is what they have mentioned:

"
Subsection 40(1)(a) of the Immigration and Refugee Protection Act 2001 states that a foreign national is inadmissible for misrepresentation 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. Paragraph 40(2)(a) specifies that the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1).

Subsection 11 (1) of the Act states that a foreign national must, before entering Canada, apply to an officer for a visa or for 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.

For the reasons explained above, I am not satisfied that you are not inadmissible. I am therefore refusing your application. You are inadmissible to Canada for a period of two years from the date of this letter.

Subsection 64(3) of the Act states that no appeal may be made under subsection 63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor's spouse, common-law partner or child.

"

Can I still appeal? Please let me know

 

[truesmile]

Unless they are "lying", and doing so "in print" no less, you cannot. Let this be a lesson to those preparing to apply or whose application is on-going . . . "Get your ducks in a row, and KEEP them in a row."

(Easiest officer's trick in the book, ask the same question twice and as far apart as possible.)

 

[Rajeeshun]

It would be great if anyone suggest me next steps

Unless they are "lying", and doing so "in print" no less, you cannot. Let this be a lesson to those preparing to apply or whose application is on-going . . . "Get your ducks in a row, and KEEP them in a row."

(Easiest officer's trick in the book, ask the same question twice and as far apart as possible.)

Thanks for your time.

 

[sakamath]

When CIC contacted you regarding the missing details, did you fill out a fresh form or did you just reply back with the details? It is not CIC's job to fill out the forms for you. As soon as the issue was pointed out, you should have sent in a fresh set of forms with the correct information in them.

Not sure what can be done regards appeal.

 

[Rajeeshun]

When CIC contacted you regarding the missing details, did you fill out a fresh form or did you just reply back with the details? It is not CIC's job to fill out the forms for you. As soon as the issue was pointed out, you should have sent in a fresh set of forms with the correct information in them.

Not sure what can be done regards appeal.

Hi Sakamath,

I did both. Sending the details in the letter and re-submitted the form again on this September.

 

[sakamath]

wow, then they should not have rejected the application off hand like that. Look for ways to appeal.

 

[zardoz]

I think that you have no right to appeal using the normal process. However, if you have lots of money to spend on legal fees, you might be able to persuade a lawyer to help you file for judicial review in Federal court.

In all honesty, I hold out little hope for you as CIC is very strict on misrepresentation. You would have to prove that an error in law occurred during the final review of the application.

 

[Rajeeshun]

I think that you have no right to appeal using the normal process. However, if you have lots of money to spend on legal fees, you might be able to persuade a lawyer to help you file for judicial review in Federal court.

In all honesty, I hold out little hope for you as CIC is very strict on misrepresentation. You would have to prove that an error in law occurred during the final review of the application.

Thanks Zardoz.

I am planning to seek suggestions and advices from lawyer today.

Worst thing is that when I sent the initial documents to Mississauga office, I sent all the details including details of my mom's siblings. This happened in 2008 December. When Embassy asked to submit all the forms again (Don't know why they asked again), She missed the sibling part.

1. Apart from this, what will happen to the money I paid for landing fee?
2. Should I re-apply the whole thing after 2 years or I can still use the current application process?

 

[zardoz]

The RPRF is refundable. The current application is probably considered "closed" by CIC, so unless they were ordered to reopen it by the court, a new application from scratch is your only option.