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Study Permit Denial on Misrepresentation and Not Returning to Home Country Grounds

achinatgene

Newbie
May 11, 2019
1
0
Dear all,

I submitted an application to the Canadian Visa application center on 2nd April to study MSc. in Biotechnology for 2 years at Queens University Kingston, for Fall 2019 semester, starting September this year. I have been given full scholarship by the Professor.
On 15th April, I had a procedural fairness letter, asking be to explain why I misrepresented information for a question on visa refusal to Canada or any other country, which should have been Yes, but answered a No.

Indeed was refused visas to enter USA in 2013 and 2014, to attend UN's Commission on the Status of Women Annual Conference. So I explain vividly in my response to the query. I explained myself clearly and submitted the response on 18th April 2019.


Then on 6th May 2019, I received a decision from the visa section of the Canadian High Commission, Ghana, denying my study permit and visa application, on two grounds:

1. That he is not satisfied that I will leave Canada at the end of my study as stipulated in subsection 216(1) of the IRPR, based on the purpose of my visit.

2. That I have misrepresented information directly or indirectly, by answering NO on the visa refusal question, that I am inadmissible to enter Canada for 5 years.


The refusal letter then ended by inviting me to make a fresh application and respond to the concerns, and demonstrate that my situation meet the requirements.


I am very much disturbed and will want professional advice, on how to go about the 2nd application, so that my visa will be approved. I don't want to miss the scholarship offer, please genuinely assist me.


RESPONSE TO THE QUERY

Thank you for the opportunity you have given to me to respond to the inaccuracy noticed on the study permit form I filled for my application.

As a matter of fact, whiles reading question 2b, I missed the “any other country or territory” aspect of the question. I must honestly state that I have no intention whatsoever to conceal or misrepresent any information requested from me with respect to the questions on the study permit form.

It is true that I was refused visas to travel to USA in 2013 and 2014 to attend the United Nations 57th and 58th sessions of the Commission on the Status of Women respectively at that time.

In 2013, the reason for refusal was that: “I cannot be given a visa to travel to the States at that time” and in 2014, the consular officer told me: “You have insufficient funds”.

I will want to categorically state that my “No” response to question 2b, page 4 under “Background Information” on the IMMI1294 form was not deliberate or intentional but an oversight on my part.

The correct response to the question is therefore an emphatic “Yes” and not a “No”. I therefore confirm that my information in your possession concerning visa refusals is precise, and I am very grateful to you for the chance accorded me to rectify the mistake I made while filling the forms.

Thank you very much.


Please what additional documents should I submit to the 2nd application, to respond strongly to the first concern of not returning to my home country after graduation?

How should I also explain myself clearly to the understanding of the visa officer on the issue of misrepresentation? The misrepresentation was found by CIC but admitted to by the applicant.

I will appreciate very much genuine professional immigration counsel, to get my visa approved in my reapplication.

Thank you.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I will appreciate very much genuine professional immigration counsel, to get my visa approved in my reapplication.
In that case, you must consult with an expert immigration lawyer. This site is hosted by one. However, nobody within the forum can provide professional consultation by responding to this thread.

However, if you have been banned from Canada for misrepresentation, there is nothing much a professional would be able to do to help you. It appears that you have correctly been found to have misrepresented on a critical application question. Try again in 5 years time...

The Procedural Fairness Letter was to afford you the opportunity to correct IRCC’s mistake. They appear not to have made one. It is not to allow you the opportunity to correct your application.
 
Last edited:
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scylla

VIP Member
Jun 8, 2010
97,693
23,397
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Dear all,

I submitted an application to the Canadian Visa application center on 2nd April to study MSc. in Biotechnology for 2 years at Queens University Kingston, for Fall 2019 semester, starting September this year. I have been given full scholarship by the Professor.
On 15th April, I had a procedural fairness letter, asking be to explain why I misrepresented information for a question on visa refusal to Canada or any other country, which should have been Yes, but answered a No.

Indeed was refused visas to enter USA in 2013 and 2014, to attend UN's Commission on the Status of Women Annual Conference. So I explain vividly in my response to the query. I explained myself clearly and submitted the response on 18th April 2019.


Then on 6th May 2019, I received a decision from the visa section of the Canadian High Commission, Ghana, denying my study permit and visa application, on two grounds:

1. That he is not satisfied that I will leave Canada at the end of my study as stipulated in subsection 216(1) of the IRPR, based on the purpose of my visit.

2. That I have misrepresented information directly or indirectly, by answering NO on the visa refusal question, that I am inadmissible to enter Canada for 5 years.


The refusal letter then ended by inviting me to make a fresh application and respond to the concerns, and demonstrate that my situation meet the requirements.


I am very much disturbed and will want professional advice, on how to go about the 2nd application, so that my visa will be approved. I don't want to miss the scholarship offer, please genuinely assist me.


RESPONSE TO THE QUERY

Thank you for the opportunity you have given to me to respond to the inaccuracy noticed on the study permit form I filled for my application.

As a matter of fact, whiles reading question 2b, I missed the “any other country or territory” aspect of the question. I must honestly state that I have no intention whatsoever to conceal or misrepresent any information requested from me with respect to the questions on the study permit form.

It is true that I was refused visas to travel to USA in 2013 and 2014 to attend the United Nations 57th and 58th sessions of the Commission on the Status of Women respectively at that time.

In 2013, the reason for refusal was that: “I cannot be given a visa to travel to the States at that time” and in 2014, the consular officer told me: “You have insufficient funds”.

I will want to categorically state that my “No” response to question 2b, page 4 under “Background Information” on the IMMI1294 form was not deliberate or intentional but an oversight on my part.

The correct response to the question is therefore an emphatic “Yes” and not a “No”. I therefore confirm that my information in your possession concerning visa refusals is precise, and I am very grateful to you for the chance accorded me to rectify the mistake I made while filling the forms.

Thank you very much.


Please what additional documents should I submit to the 2nd application, to respond strongly to the first concern of not returning to my home country after graduation?

How should I also explain myself clearly to the understanding of the visa officer on the issue of misrepresentation? The misrepresentation was found by CIC but admitted to by the applicant.

I will appreciate very much genuine professional immigration counsel, to get my visa approved in my reapplication.Thank you.
You cannot apply again.

The line that says you can reapply is a standard line that appears at the end of every refusal. In your case it unfortunately doens't apply. Since there was a misrepresentation finding, you are banned from Canada for 5 years. If you reapply, you'll be refused again on the ground that you currently have a 5 year misrepresntation ban. Unfortunately it doesn't matter if the misrepresentation was deliberate or intentional - it's still misrepresentation.

If you want to try to change the situation you're in now, you would need to hire a very good lawyer and try to have the misrepresentation over turned. Normally this is only possible if IRCC applied a misrepresentation ban incorrectly and there was no misrepresentation in the application. However you did in fact misrepresent information in your application - so I don't see what grounds you have for overturning the ban.

FYI - None of us here are immigration professionals. We are all normal people like you. If you want professional adivice, you will need to hire a lawyer.
 
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KateBen

Newbie
Jun 20, 2019
7
0
Thank you for your interest in studying in Canada. After careful review of your study permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on your current employment situation.

Pls help me suggest the best way to reapply
 

KateBen

Newbie
Jun 20, 2019
7
0
Did you do an upfront medical? Or did you receive medical request before refusal. Also give a bit of your profile. It may help with your case. Every application is unique

Yes, I did upfront medical because I was a little bit late with the admissions sonmy agent asked me to do upfront
I graduated 2017 from university of Ghana and I studied Accounting and finance with 2nd class upper division.
I work with a technological company in Lagos island and I earn 200,000 monthly as a finance assistant.