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Respond To Information

Jun 15, 2018
4
0
Hii Team

I have applied for the Canada Visitor visa,i have recieved below mail from Highcommision ..

Please advise what should be action should i take to get positive result.

This refers to your application for a Canadian Temporary Resident Visa.
I have reviewed your application and documents you submitted in its support. Subsection 11(1)
of the Immigration and Refugee Protection Act provides that a foreign national must, before
entering Canada, apply to an officer for a visa or 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.
I have concerns that you have not fulfilled the requirement put upon you by section 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 reasonably requires.
Specifically, I have concerns with your answer to question 2 b) of the background information
form on your application. You were asked if you have ever been refused a visa or permit, to
Canada and/any other country, to which you replied "No". It has been verified that you have in
fact been previously refused USA visa.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application for a Temporary Resident Visa, you may be found to be inadmissible under Section
40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility
would render you inadmissible to Canada for a period of five years according to section
40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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
40(2) The following provisions govern subsection (1):
(a) The permanent resident or the foreign national continues to be inadmissible for
misrepresentation for a period of five years following, in the case of a determination outside
Canada, a final determination of inadmissibility under subsection (1) or, in the case of
determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 30 days
from the receipt of this letter to make any representations in this regard. Please use the
address noted at the top of the letter for all correspondence and clearly indicate your file
number. If you do not respond to this request within the time outlined above, your application
will be refused.
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Hii Team

I have applied for the Canada Visitor visa,i have recieved below mail from Highcommision ..

Please advise what should be action should i take to get positive result.

This refers to your application for a Canadian Temporary Resident Visa.
I have reviewed your application and documents you submitted in its support. Subsection 11(1)
of the Immigration and Refugee Protection Act provides that a foreign national must, before
entering Canada, apply to an officer for a visa or 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.
I have concerns that you have not fulfilled the requirement put upon you by section 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 reasonably requires.
Specifically, I have concerns with your answer to question 2 b) of the background information
form on your application. You were asked if you have ever been refused a visa or permit, to
Canada and/any other country, to which you replied "No". It has been verified that you have in
fact been previously refused USA visa.
Please note that if it is found that you have engaged in misrepresentation in submitting your
application for a Temporary Resident Visa, you may be found to be inadmissible under Section
40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility
would render you inadmissible to Canada for a period of five years according to section
40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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
40(2) The following provisions govern subsection (1):
(a) The permanent resident or the foreign national continues to be inadmissible for
misrepresentation for a period of five years following, in the case of a determination outside
Canada, a final determination of inadmissibility under subsection (1) or, in the case of
determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you 30 days
from the receipt of this letter to make any representations in this regard. Please use the
address noted at the top of the letter for all correspondence and clearly indicate your file
number. If you do not respond to this request within the time outlined above, your application
will be refused.
Oooops. You've received a Procedural Fairness letter for having not declared your previous US visa refusal.

There's probably no reason you can provide to prove that the visa office has made an error in determining this.

Unfortunately, you should be prepared to get a 5-years' ban for misrepresentation
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
But they have granted me time to revert on information....cant i correct the thing..!!
They have granted you 30 days to give you one last opportunity to explain why you were not honest in your application. This is part of the procedure to give an applicant a fair chance.

Regardless of what you will reply to IRCC, there are almost zero chances that your explanation will be accepted. You can certainly reply, but be prepared for the ban
 
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Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
Hi Team,

I got refusal under section 40(1)a with ban of 5 year, can i appeal anywhere to remove this ban ??!!
In most cases when applicants receives a misrepresentation, there is little chances of appeal to remove the ban unless you can prove that you did not commit misrepresentation and it was the VO mistake.

Unlikely you will be allowed visit Canada anytime soon.
 
Jun 15, 2018
4
0
Let we focus on little chance on positive side , how can i re-present my self ( Apllication with Appealing ) , with same process of apllying fresh TRV application with proper explanation ?? Or any other way to appeal ?!
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
There is no appeal for visitor visa's or ban's related to it. You could hire a Canadian lawyer and submit for a judicial review, but that only reviews if IRCC made a error in law. given you left out a visa refusal, that would end up in a failed JR. It would also require the courts to actually review your file (which they don't have to). Expect it to take about 5 years to get through the courts even if it is accepted (or about the same time your ban takes).
 

Buletruck

VIP Member
May 18, 2015
6,880
2,713
Any immigration application for Canada will be rejected outright for the next 5 years until your ban is served.
 

femi10

Newbie
Jul 13, 2019
8
0
Oooops. You've received a Procedural Fairness letter for having not declared your previous US visa refusal.

There's probably no reason you can provide to prove that the visa office has made an error in determining this.

Unfortunately, you should be prepared to get a 5-years' ban for misrepresentation
Good Afternoon, my brother has a similar case, he mistakenly didn’t disclose his US Visa Denial, however, a week after application, he realized the mistake and sent a mail to them informing them about the error.

He received the procedural fairness letter, and responded that he has already sent them a mail to correct himself.

His application was refused for misrepresentation.

Is there a chance he can win the appeal?
 

agshaheryar

Hero Member
May 24, 2012
852
76
Faisalabad
Category........
Visa Office......
London
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
01-07-2009
Doc's Request.
03-09-2009
AOR Received.
24-12-2009
IELTS Request
Sent with Full Docs
File Transfer...
30-06-2010
Med's Request
16-03-2012
Med's Done....
26-04-2012
Interview........
Waived
Passport Req..
PPR1 01-11-2012 & PPR2 16-11-2012
VISA ISSUED...
04-12-2012
LANDED..........
April 02, 2013
No appeal, just you can withdraw your application.