Refusal letter not mentioned 5 years ban.
- Thread starter nass
- Start date
My brother kids sorry he pass away and year later my sister law died so I’m sponsoring orphan relative family class
So now it is your brother’s children? Your past post says “sponsored my niece and nephew’s three siblings”. How old?
But you said sponsoring niece’s children and now brother. Did you prove the blood relations?
Bro everything is correct except the mistake on the died certificate that’s all the process was good
Bro??? So get a lawyer for advice about next steps to reapply if you know absolutely what the error was.
If I dont appeal it have a lawyer and reapply will they still reject it because they believe the kids and the mother died certificate don’t match and the mother is not there mother..
Now should I sign not to appeal it?
Than reapply again?
But what if I reapply reject because of the reason that is in the system after case closed?
There is no appeal only JR and it is not clear that you have any grounds for JR. It is impossible for anyone to anticipate whether other case will be successful. You will need to prove that the amended death certificate is correct and that both parents are dead. Also that you have the funds to support these children in Canada. Would highly suggest you hire a lawyer if you apply again. It’s unfortunate that you didn’t consult one when you got the PFL.
This is the letter of appeal they sent me
This letter refers to the Undertaking you submitted in support of the application for an immigrant
visa made by the above-named Applicant.
The application has been refused because the Applicant does not meet the requirements of the
Immigration and Refugee Protection Act. I have attached a copy of the refusal letter sent to the
Applicant which explains the reason(s) for the refusal.
Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in
the prescribed manner an application to sponsor a foreign national as a member of the family
class to appeal to the Immigration Appeal Division against a decision not to issue the foreign
national a permanent resident visa.
If the Immigration Appeal Division finds that an applicant is not a member of the family class,
and/or that the sponsor is not a sponsor within the meaning of the Immigration and Refugee
Protection Regulations, the Immigration Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b) of the Immigration and Refugee Protection Act, that
read:
67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the
time the appeal is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)
If you decide to appeal this decision, you may commence an appeal by completing and
submitting a Notice of Appeal to one of the addresses on the enclosure entitled Important
Instructions.
You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal.
The completed form and a copy of this letter must be received at the office responsible for the
province where you live within 30 days from the date you receive this letter.
If you have paid the Right of Permanent Residence Fee or have been granted a loan and decide
to appeal this decision, you should not apply for a refund of the Right of Permanent Residence
fee or Loan. If you do not win your appeal, you may apply for a refund of the fee or your loan
payment at that time.
you decide not to appeal this decision please read the statement in italics below. By signing,
you agree with this statement and are requesting either a refund of your loan payments or the
Right of Permanent Residence fee.
This letter refers to the Undertaking you submitted in support of the application for an immigrant
visa made by the above-named Applicant.
The application has been refused because the Applicant does not meet the requirements of the
Immigration and Refugee Protection Act. I have attached a copy of the refusal letter sent to the
Applicant which explains the reason(s) for the refusal.
Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in
the prescribed manner an application to sponsor a foreign national as a member of the family
class to appeal to the Immigration Appeal Division against a decision not to issue the foreign
national a permanent resident visa.
If the Immigration Appeal Division finds that an applicant is not a member of the family class,
and/or that the sponsor is not a sponsor within the meaning of the Immigration and Refugee
Protection Regulations, the Immigration Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b) of the Immigration and Refugee Protection Act, that
read:
67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the
time the appeal is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)
If you decide to appeal this decision, you may commence an appeal by completing and
submitting a Notice of Appeal to one of the addresses on the enclosure entitled Important
Instructions.
You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal.
The completed form and a copy of this letter must be received at the office responsible for the
province where you live within 30 days from the date you receive this letter.
If you have paid the Right of Permanent Residence Fee or have been granted a loan and decide
to appeal this decision, you should not apply for a refund of the Right of Permanent Residence
fee or Loan. If you do not win your appeal, you may apply for a refund of the fee or your loan
payment at that time.
you decide not to appeal this decision please read the statement in italics below. By signing,
you agree with this statement and are requesting either a refund of your loan payments or the
Right of Permanent Residence fee.
forgot this is a family sponsorship case. You can appeal but hire a lawyer. This is a long process.