The most important thing is that you disclosed it in this very application, they ask you particularly about this one. Indeed, it is very good that you disclosed in other TRV apps but for them this is not relevant in respect to PR app. Again, you are in a good place, but please get a lawyer (not consultant) to help you with the letter. Just to be on a safe side. Cheers!
Procedural Fairness
- Thread starter Juku77
- Start date
Agreed,
Anyone with intentions of misrepresentation would not mention this refusal (explicitly in an entire paragraph along with the application number) - within the same application.
For your reference, here's the relevant part of the law:
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-127.html
The key part being "No person shall knowingly (a) directly or indirectly misrepresent or withhold material facts ... (b) communicate, directly or indirectly, by any means, false or misleading information"
I bolded the 'knowingly' for emphasis as well as withhold. Where the lawyer comes in is that "knowingly" is slightly different than 'intent' (a common term with centuries of precedent for criminal law at least). I'm not going to opine on the difference, surely there is also case law and precedent. And of course the other part - withholding material facts is also salient.
But I'm quite certain there is either a legal definition or case law/precedent/practice that covers a case such as yours. And clearly the law and practice are NOT designed to capture nor punish cases of, for example, clear typos (or neglecting to select the right drop-down box on a form). And in addition, you did not 'withhold' the fact of your previous refusal, since you disclosed it elsewhere (and I bet a lawyer would dispense quickly with the 'misrepresent' term here on the same basis).
This is actually a fairly simple matter in some respects, but still - a lawyer will be well placed to put this properly in context in as strong a form as possible.
Thanks for sharing this. I appreciate it.
But the law quoted in my PFL is this
https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-40.html
The law that is quoted by @armoured does not apply to you. S.127 IRPA regulates misrepresentation as an offense, that has a punishment fine and/or incarceration. Applies mostly to ghost consultants, if you want to know more about it read about Sunny Wang immigration scandal. But you don't have time for that.
S.40 IRPA doesn't require intent or even knowledge of misrepresentation. As in, someone can submit papers for you withholding info that you actually provided, you will be the one who will be responsible. That's in short.
Anyway, don't waste your time overthinking and reading useless information to your case. Get in touch with a professional, deal with it, and after you can read more about it, just for personal development.
Thank you, yes agreed 100%.
Too much information which may or may not be relevant to my case is stressing me out even further haha.
Thank you, I see where I went astray in that. You're quite right that this is the wrong section of the law.
Which is a good example of why it's best to speak to a lawyer. I see from further research - warning this is going into the weeds and can be ignored - that there is a separate legal definition (in the form of a separate act, the Misrepresentaton Act of 1967 - the current version of which I don't know) and I can't say for certain where IRCC's use of the term falls.
But there is this: there's fraudulent misrepresentation (obvious), negligent misrepresentation (roughly carelessly where you had some duty to state properly), and innocent misrepresentation. A lawyer will know the test for this and how to phrase the response - concisely and accurately - that in normal English terms would likely say the same thing, that disclosing the same information elsewhere in the same application is pretty decent evidence that it was neither fraudulent nor negligent, but a mistake.
Again, my error, and still with the same point - a lawyer can handle this precisely and efficiently in a way internet keyboard warriors (eg me) can't.
I am trying to get a couple of lawyers/consultants to review my response that I have drafted.
Like you said, i have explained in normal English terms that I have not only disclosed this visa rejection in the same application, but also in visa applications before and after submitting this application.
Lawyers are quoting ridiculous amounts of money. Still debating whether I need a lawyer to defend/respond an innocent case of misrepresentation with such solid evidence, that I myself can articulate in the response.
Also since I have browsed through similar cases in these forums and have reached out to a few people that responded without a lawyer and had a positive outcome.
I for one absolutely do not feel qualified to give any recommendation. It would be easy to say it's a straightforward enough case, but the consequences don't fall on me. I also don't mean to wind you up.
If I were feeling cheap I know how I'd handle (no, I'm not going to say beyond 'do some research and ask an ex-lawyer friend to tell me why I'm wrong'), but it's not me. Good luck.
Certainly you can write yourself, since you think that lawyers are expensive. I would not trust consultants with it though, most of them don't have a deep understanding of legal tests. Mind you S.40 (misrepresentation) allegations require specific knowledge. If you are 100% sure that they ask you for that particular TRV refusal that you disclosed in later in application and nothing else, then probably makes sense to respond yourself.
https://www.canlii.org/en/ca/fct/doc/2016/2016fc815/2016fc815.html this case could be helpful for you. It is about work experience that was misstated, but that's not the point here, the point is that this person disclosed the actual information later in her application.
Speaking of expensive lawyers.....well, it is better to pay now 1000$ for a review instead 10000$ in the appeal proceedings. Anyways, it is your decision, and we should respect that. I do hope that you will resolve this quickly without pain.
Thank you! Thats great advice.
One last question - does my wife need to physically sign the response letter to the PFL? Or its not needed? We are sending it via webform.
hi everyone! help!
After I Submitted My Passport For Visa Stamp I Received PFL then I Response To PFL. Now I Received An Email saying That An Envelop Has Been Despached To VAC.
And i didn't receive any Refusal letter by Email from them.What does It Mean Is My Application Approved?
After I Submitted My Passport For Visa Stamp I Received PFL then I Response To PFL. Now I Received An Email saying That An Envelop Has Been Despached To VAC.
And i didn't receive any Refusal letter by Email from them.What does It Mean Is My Application Approved?