Need Suggestion for Case Appeal related to Mis-Representation Parents Super Visa

[Kazmemon]

Respected Members,

Need suggestion: Should i file a case appeal against my Parents Mis-Representation refusal TRV with 5 years Ban

Below is brief case history

- Applied on Jan 4 2016 (Overlooked qs, "have you previously refused for Visa" )
- Updated IRCC through CSE, on 22 Feb 2016
- IRCC sent Letter of Explanation for misrepresentaion >> 3rd March
- Replied and explained that we updated on 22nd Feb 2016 >>
- Received Refusal Letter with 5 year ban >> May

Need memebers input how they feel, because filing a case requires big amount, so i want to take this step with some views provided here.

Thank you again for helping

 

[mikeymyke]

Respected Members,

Need suggestion: Should i file a case appeal against my Parents Mis-Representation refusal TRV with 5 years Ban

Below is brief case history

- Applied on Jan 4 2016 (Overlooked qs, "have you previously refused for Visa" )
- Updated IRCC through CSE, on 22 Feb 2016
- IRCC sent Letter of Explanation for misrepresentaion >> 3rd March
- Replied and explained that we updated on 22nd Feb 2016 >>
- Received Refusal Letter with 5 year ban >> May

Need memebers input how they feel, because filing a case requires big amount, so i want to take this step with some views provided here.

Thank you again for helping

No don't bother appealing. As mentioned before, your parents signed the TRV forms saying everything answered is correct, it was their mistake for not going over their application before signing.

An appeal basically means "Your decision was wrong, we have proof that you made a mistake", it doesn't mean "We're sorry for making the mistake last time, please reconsider our case". But they didn't make a mistake, because your parents did sign off saying they were never refused a visa when they were.

 

[Kazmemon]

No don't bother appealing. As mentioned before, your parents signed the TRV forms saying everything answered is correct, it was their mistake for not going over their application before signing.

An appeal basically means "Your decision was wrong, we have proof that you made a mistake", it doesn't mean "We're sorry for making the mistake last time, please reconsider our case". But they didn't make a mistake, because your parents did sign off saying they were never refused a visa when they were.

Thanks mikeymyke, yes i agree didn't went through again. But we realized the mistake and did update IRCC on 22nd Feb about that mistake before they sent us mis representation in March.
Still then they might not consider it?

 

[Bryanna]

Thanks mikeymyke, yes i agree didn't went through again. But we realized the mistake and did update IRCC on 22nd Feb about that mistake before they sent us mis representation in March.
Still then they might not consider it?

What evidence did you submit to prove that you had informed the visa office about the mistake.... before your parents got the Procedural Fairness letters?

 

[Kazmemon]

What evidence did you submit to prove that you had informed the visa office about the mistake.... before your parents got the Procedural Fairness letters?

Hi Bryanna,
Thanks for the input, i only have evidence the "acknowledgment email receipt" response from IRCC on 22nd Feb 2016, before fairness letter i received in March 2016

 

[Bryanna]

Thanks for the input, i only have evidence the "acknowledgment email receipt" response from IRCC on 22nd Feb 2016, before fairness letter i received in March 2016

1. Your parents reapplied in January as paper submission. Did you send the CSE to the specific visa office that was processing your parents' super visas? And, do you have the exact statement that you gave to inform about the mistake?

2. Maybe you should order GCMS Notes.... this will confirm whether or not your CSE was taken on record before the Procedural Fairness letters were issued


IMO, it may be possible to appeal because:
You did not acknowledge the true facts after you were confronted by IRCC through the Procedural Fairness letters.

You clearly owned up to the mistake well in advance..... and this can be perceived to be an innocent mistake and not a deliberate omission.


It's best if you get legal advice on this matter

 

[Kazmemon]

Thank you is small word to say to you Bryanna you are true human being by reading and suggesting with your experience. really appreciate

i have one inline question below for you or any member who wants suggest.

1. Your parents reapplied in January as paper submission. Did you send the CSE to the specific visa office that was processing your parents' super visas? And, do you have the exact statement that you gave to inform about the mistake?

Kaz: I used CSE form on website and the reply we received was from specific cisa office that we send the note to (receipt has the email id from visa office where our file was submitted), i used the form so i don't have the exact statement but i can positively say we admitted our mistake and informed the correct answers
---------------------------
2. Maybe you should order GCMS Notes.... this will confirm whether or not your CSE was taken on record before the Procedural Fairness letters were issued

Kaz: are GCMS Notes different from ATIP Notes where i have already asked for Visa Officers Note and Correspondence related to our file

-----------------------

IMO, it may be possible to appeal because:
You did not acknowledge the true facts after you were confronted by IRCC through the Procedural Fairness letters.


You clearly owned up to the mistake well in advance..... and this can be perceived to be an innocent mistake and not a deliberate omission.


It's best if you get legal advice on this matter

Kaz: I did Consult Lawyers they are saying you have strong point to pursue the case in federal court, and when i talk to Consultant they are saying you can ask Program manager and tell them complete situation.

I am stuck in there please suggest what should one do on this?

I don't argue the refusal but my point is 5 years ban is harsh on my Parents. thats why i am seeking help from fellow members.

 

[Bryanna]

Kaz: are GCMS Notes different from ATIP Notes where i have already asked for Visa Officers Note and Correspondence related to our file

It's the same

Kaz: I did Consult Lawyers they are saying you have strong point to pursue the case in federal court, and when i talk to Consultant they are saying you can ask Program manager and tell them complete situation.

I am stuck in there please suggest what should one do on this?

I'm not sure.... hopefully the Program Manager can resolve the matter. Maybe someone who has appealed can suggest

 

[Kazmemon]

It's the same

I'm not sure.... hopefully the Program Manager can resolve the matter. Maybe someone who has appealed can suggest

Thanks a bunch Bryanna. Appreciated your help.
I will try to seek help by posting at forum.

 

[Bryanna]

Hope someone forgot to update your parents' case files after you sent the CSEs.... and I truly hope this ban is overturned soon


All the very best