Procedural Fairness

[Phalos]

Because a decent lawyer isn’t going to just say I’m sorry. Too late for that. A decent immigration lawyer would understand the differences and intricacies or intentional and innocent misrepresentation and be able to cite and reference case law and examples of such to make their clients case. No guarantee it will improve the OPs chances, but certainly a better chance than just a letter saying I’m sorry. That won’t cut it at this point in the process.

Ahhh one must cite case laws and ircc will think oh this guy really made an honest mistake if he willing to bore us to death- APPROVED.

 

[Buletruck]

Ahhh one must cite case laws and ircc will think oh this guy really made an honest mistake if he willing to bore us to death- APPROVED.

Obvious you’re pretty jaded and further discussion is pointless.

 

[Phalos]

Obvious you’re pretty jaded and further discussion is pointless.

No I agree with you on the lawyer.
Canadian authorities treat people differently when they speak thru a lawyer.
This applies to all aspects of government, from criminal court, civil, human rights....immigration is no exception.

 

[Buletruck]

No I agree with you on the lawyer.
Canadian authorities treat people differently when they speak thru a lawyer.
This applies to all aspects of government, from criminal court, civil, human rights....immigration is no exception.

My apologies.

I agree a lawyer (or consultant)isn’t required for most interactions, but in the case of a PFL, they are. It your one opportunity to respond and convince them their decision is ultimately premature. When you look at the majority of those who have received PFLs, they fall into 4 categories:

1. I forgot
2. I accidentally check the wrong box
3. I misread the question
4. Somebody else filled it out.

And saying “Sorry” is the same lame ( sorry OP) excuse everyone gives. Seems IRCC would be fed up with no one taking responsibilities for their own actions, in my perspective. At least the OP has reasonable back up to support his position in this case, but again, why risk your one chance at success when the usual response is just a “Sorry, won’t happen again” letter.

 

[armoured]

My apologies.

I agree a lawyer (or consultant)isn’t required for most interactions, but in the case of a PFL, they are. It your one opportunity to respond and convince them their decision is ultimately premature.
...
And saying “Sorry” is the same lame ( sorry OP) excuse everyone gives.

I'd overall agree it's a better idea to get a lawyer.

I don't think it's that complex an argument to be made - that clearly if the refusal was disclosed in Section [whatever], the negative response to the question about previous refusals was clearly a simple error.

And then the question turns on what exactly misrepresentation is in legal terms - eg whether it requires intent or at least an assumption of intent (for example). I won't try to elaborate on that - not a lawyer - but am quite confident a lawyer would precisely respond with the proper terms that it can't be misrepresentation without intentionality and clearly could not have been intentional if disclosed in the same form. Or something.

Anyway: from a lawyer, this would be a couple sentences that would pretty clearly and precisely have the best possible chance of shutting down the misrepresentation claim. Not a lock perhaps but the best chance possible. I doubt it would have to cite case law but that's where a lawyer's advice would be useful.

 

[sarvesh90]

As I said, it does seem like innocent misrepresentation, but the fact remains the PFL is IRCC telling you that the are going to reject your application and likely apply a ban on your spouse. That decision has been made. The PFL is simply IRCC offering due course in the process. Restating what they already know doesn’t change the misrepresentation. You need to convince them to alter their current decision.

I have seen cases where IRCC has made a mistake in judgment.

As part of this same spousal application, under form IMM5532, I have clearly written a detailed paragraph explaining my TRV and its refusal, along with the application number. If there was intent to misrepresent, I would never include this paragraph.
There is a very likely possibility that the officer did not review this 4 page letter that I have attached as part of Question 11 on that form.

Secondly, I have applied for another TRV on May 21, 2021 - 2 months after this spousal application was submitted, where I have stated all refusals on the TRV application form.

This application was submitted 1.5 months before I got the PFL.

Going through a lot of cases in these forums that are similar to mine, I have seen them being approved. I am not just saying a mere SORRY and asking them to reconsider it. I have 2 solid evidences of producing accurate information - and that this NO box was unintentionally checked.

 

[canuck78]

Hi all,

I have submitted a sponsorship application for my wife in March 2021. Today I received a PFL that states the following-

I have concerns that you have not fulfilled the requirement put upon you by subsection 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 reasonable requires.

I have concerns that you may have misrepresented yourself on the IMM 5669 – Schedule A, which you have provided in support of your application. More specifically, on your Schedule A, under question 4 (page 1 of 5), you have not declared any previous refusals to Canada. However, after a search of our immigration system, at the time you submitted your application for permanent residency, it would appear to that you had been refused a temporary resident visa.


So here is the truth. My wife was refused a TRV in Dec 2020, and I accidentally answered NO to that question - since the question is:
"been refused refugee status, or an immigrant or permanent resident visa (including a Certificate de selection du Quebec CSQ or application to the Provincial Nominee Program) or visitor or temporary resident visa to Canada or any other country"

I only read the first half of the question and answered NO in haste.

But luckily, in form IMM 5332, Question 11 - they ask us if you want to share more information about your relationship -

Here I have attached a 4 page detailed letter of our relationship, which includes the following paragraph:

"In June 2020 we started discussing the possibility of applying for my Temporary Residence Visa and visit him in Canada following all relevant quarantine and Covid-19 guidelines. Since he had started his new job at XYZ, he could not take time off and visit India. The plan was to spend time getting to know each other in Canada and spend some time together. If everything went as per plan, we would come back to India together for the wedding. I applied for the visa on 1st July 2020 (Application Number: VXXXXXXXX) and hoped to hear some good news regarding international travel. Unfortunately, the application for temporary residence was refused. "

Now, I want to know the format of responding to this PFL. I am going to admit my genuine mistake in answering that question and want to highlight this section of the letter that I have submitted, where I clearly convey the refusal of this TRV.

Can anyone please guide me in responding to this PFL??

@canuck78 @scylla

Would also suggest using a lawyer. Would not recommend sending in a 4 page detailed explanation of your relationship in response to the PFL.

 

[sarvesh90]

Would also suggest using a lawyer. Would not recommend sending in a 4 page detailed explanation of your relationship in response to the PFL.

Not going to send that - but I have written an explanation letter with evidences that I've been honest in my application and that this was a genuine mistake.

This 4 page explanation is actually an answer to question 11 on form 5532. Which contains an entire paragraph of this TRV application and it's refusal.

A person with intentions of misrepresentation would never include this paragraph.

I've also submitted a new TRV application in May with truthful answer to the previous visa refusals question. Going to add a snippet of the section in this form as Evidence 2.

Would you guys happen to know any reputed lawyers that I could reach out to?

 

[Diana1993]

Not going to send that - but I have written an explanation letter with evidences that I've been honest in my application and that this was a genuine mistake.

This 4 page explanation is actually an answer to question 11 on form 5532. Which contains an entire paragraph of this TRV application and it's refusal.

A person with intentions of misrepresentation would never include this paragraph.

I've also submitted a new TRV application in May with truthful answer to the previous visa refusals question. Going to add a snippet of the section in this form as Evidence 2.

Would you guys happen to know any reputed lawyers that I could reach out to?

Gordon Maynard. He is from Vancouver, deals mainly with these problems. He is really good.

 

[sarvesh90]

Gordon Maynard. He is from Vancouver, deals mainly with these problems. He is really good.

Thank you! Living in Ontario, would I be able to employ his services remotely?

 

[Diana1993]

Thank you! Living in Ontario, would I be able to employ his services remotely?

I think so. As far as I know, his firm helps many people from all over Canada and abroad. Email him, he is a nice fellow and quite candid. He will not waste your time and let you know if he can help you.

 

[sarvesh90]

So I just received Pre-Arrival services. And I have not responded to my PFL yet. I am not sure what to make of this.

 

[sarvesh90]

So I just received Pre-Arrival services. And I have not responded to my PFL yet. I am not sure what to make of this.

Update:

IRCC agent told me this morning that my Eligibility and Background check both are PASSED.

They are just waiting on my response to the PFL.

 

[Diana1993]

I think you are in a good position. Double check with a lawyer how to answer, and do it. As you said you disclosed your trv refusal in the application just in a different part of it. It is not misrepresentation. You need someone with cold heart and head to help you write a short and sweet answer that will tell them that. Best of luck.

 

[sarvesh90]

I think you are in a good position. Double check with a lawyer how to answer, and do it. As you said you disclosed your trv refusal in the application just in a different part of it. It is not misrepresentation. You need someone with cold heart and head to help you write a short and sweet answer that will tell them that. Best of luck.

Yes not just inside that application, but also on 2 subsequent TRV applications, where i have claimed this visa refusal on those forms too.

So I have 3 solid pieces of evidence of being honest about this visa refusal. I am not worried - but like you said, just want professional help to review my response.

Thanks for your help!