Temporary Resident Visa Refused due to Misrepresentation

[askhan78]

Hello,

I recently applied for Temporary Resident Visa for me and my family.
Below is my timeline:

13-Dec-2015 - Applied online for TRV
15-Dec-2015 - got mail from CIC for biometrics for me and my wife
21-Dec-2015 - received Procedural Fairness Letter because of making misrepresentation - I was denied entry in United States of America because of not having valid student visa papers.
1-Feb-2016 - Received Refusal decision on my application from CIC

I want to apply again with all other information, but i need to know is there any kind of ban with this refusal?

I get checked on following clauses in my refusal letter:

--You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):

--Section 40(1)(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;


Kindly anyone can confirm me either it is only refusal or refusal with ban of five years?

Please advise me.

Thanks

 

[likeshanghai]

are you applying TRV inside Canada?
are you entering US with a valid US Visa as student?

 

[PMM]

Hi

Hello,

I recently applied for Temporary Resident Visa for me and my family.
Below is my timeline:

13-Dec-2015 - Applied online for TRV
15-Dec-2015 - got mail from CIC for biometrics for me and my wife
21-Dec-2015 - received Procedural Fairness Letter because of making misrepresentation - I was denied entry in United States of America because of not having valid student visa papers.
1-Feb-2016 - Received Refusal decision on my application from CIC

I want to apply again with all other information, but i need to know is there any kind of ban with this refusal?

I get checked on following clauses in my refusal letter:

--You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):

--Section 40(1)(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;


Kindly anyone can confirm me either it is only refusal or refusal with ban of five years?

Please advise me.

Thanks

1. You are banned from Canada for 5 years. See:

Application

(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 a determination in Canada, the date the removal order is enforced; and

(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.

 

[Bryanna]

To add to PMM's reply..... because you are inadmissible, your TRV has also been refused. So it is both ie TRV refusal + 5-years ban due to misrepresentation.

Do not reapply until the 5-years ban finishes. Any visa application you make will continue to get refused

 

[askhan78]

Thanks everyone for reply. I am applying from Saudi Arabia.
I recently sent mail to CIC, kindly check what they replied to me....



Me to riyadh.visa@international.gc.ca
Sent


Respected Sir/Madam,

As of yesterday, i have received the message on my CIC regarding refusal of applications made for me and my family.

Kindly could you please confirm either it is only refusal or also there is ban for two or five years with this?

I am intending to reapply with all correct information and supporting documentation.

Please check the attached application and confirm me either there is ban of some years with this refusal or not.

Thanks for your correspondence.



RYADHVISA@international.gc.ca to you
Received

Dear Applicant,

We do not have a policy of a ban of two or five years after the decision is taken.

As long as you have complete updated documents needed to support your application, you can re-apply again anytime.


Regards,



Visa Section / Section de visas
Embassy of Canada to the Kingdom of Saudi Arabia
Ambassade du Canada auprès du Royaume d'Arabie saoudite
Diplomatic Quarter/Enceinte diplomatique
P.O. Box 94321, Riyadh 11693/CP 94321, Riyad 11693



Kindly advise me what is this all about? If I have been given ban for Five years, why they didn't mention about it in refusal letter. Why they are asking me to re-apply with all other missing documents which I didn't tell them in my previous application.

Please advise...

 

[scylla]

Your question to CIC was badly worded and didn't explain your situation. It looks to me like CIC treated your question as a general question and gave you a general answer. You need to write to them again, specifically ask about misrepresentation and specifically ask them to comment on YOUR case.

Here's what you SHOULD have asked to ensure you received an accurate answer:

- My family's visitor visa was recently refused due to misrepresentation because I failed to answer all questions truthfully and failed to mention that I had been refused entry into the US.
- The application case / file number is...
- I want to confirm if we have the 5 year misrepresentation ban or if our visitor visa was just refused and we can apply again now with corrected paperwork.

 

[askhan78]

Many thanks Scylla for your kind advise.

I will do so by writing them mail once again in the same format you sent to me.

I already tell them about my Application and UCI Number and then I ask them about my case. You might be right that they might thought it as a General Mail.

What exactly I received from them was written as below in first page:

"Thank you for your interest in visiting Canada. After a careful review of your temporary resident visa application
and supporting documentation, I have determined that your application does not meet the requirements of the
Immigration and Refugee Protection Act and Regulations. I am refusing your application.
In making a decision on an application, a number of factors are considered. These may include but are not
limited to:

• the information in the travel and identity documents;
• the reason for the travel to Canada;
• the person’s contacts in Canada;
• the person’s ties to his or her country of residence (including immigration status, employment and family
ties);
• the person’s ability to pay for the trip and to support himself or herself while in Canada;
• whether the person is likely to respect the conditions of his or her admission to Canada;
• whether the person is inadmissible to Canada; and
• whether the person would be likely to leave Canada at the end of his/her authorized stay.

To help you understand my decision, the reason(s) are provided on the following pages.

You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your
situation meets the requirements. All new applications must be accompanied by a new processing fee"


Scylla, kindly note the last paragraph, you are welcome to reapply *******, what do you think of this paragraph?
Usually, if they give ban to someone for making misrepresentation, why they are writing this paragraph....

Truly Speaking, I am still confused of their decision. If they have given me refusal as well as ban for five years...they should tell me everything clearly in refusal letter.

I will thank to everyone for replying me on my post. I was just a click away to re-apply on CI site, but I have changed my mind to not to apply again. I am really thankful to you all, PMM, Bryanna and Scylla....God bless you all...

 

[Bryanna]

Hi,

You must see which boxes are checked in your refusal letter.

For a typical TRV refusal, box(es) like *Length of proposed stay in Canada*.... *Purpose of visit*.... *Your personal assets and financial situation* etc.... will be checked.

For misrepresentation (thereby a 5-year ban), these boxes will be checked:
A40(1)(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;
A40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of five years has not passed since your prior refusal


Cheers

 

[scylla]

Hi,

You must see which boxes are checked in your refusal letter.

For a typical TRV refusal, box(es) like *Length of proposed stay in Canada*.... *Purpose of visit*.... *Your personal assets and financial situation* etc.... will be checked.

For misrepresentation (thereby a 5-year ban), these boxes will be checked:
A40(1)(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;
A40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of five years has not passed since your prior refusal

Agreed. You would need to tell us exactly what the refusal letter said.

 

[askhan78]

Thanks Bryanna and Scylla for your correspondence and responding back to my reply.

Here is what found in refusal letter:

Application No: UCI:

Thank you for your interest in visiting Canada. After a careful review of your temporary resident visa application
and supporting documentation, I have determined that your application does not meet the requirements of the
Immigration and Refugee Protection Act and Regulations. I am refusing your application.
In making a decision on an application, a number of factors are considered. These may include but are not
limited to:

• the information in the travel and identity documents;
• the reason for the travel to Canada;
• the person’s contacts in Canada;
• the person’s ties to his or her country of residence (including immigration status, employment and family
ties);
• the person’s ability to pay for the trip and to support himself or herself while in Canada;
• whether the person is likely to respect the conditions of his or her admission to Canada;
• whether the person is inadmissible to Canada; and
• whether the person would be likely to leave Canada at the end of his/her authorized stay.

To help you understand my decision, the reason(s) are provided on the following pages.

You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate that your
situation meets the requirements. All new applications must be accompanied by a new processing fee.

Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that any person wishing to
become a temporary resident of Canada must satisfy an officer that he or she is not inadmissible to Canada and
that she or he meets the requirements of the Act.
Following an examination of your application, I am not satisfied that you application meets the requirements of
the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked
off apply to the refusal of your application.

Note: They are many grounds which are not checked off, the only checked off are as listed below:

--You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):

--Section 40(1)(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;



They didn't tell me about ban of five years in letter. I am still confused either there is ban for five years or not.

Thanks for being with me.

 

[askhan78]

Furthermore, the following ground is there in refusal letter but it is empty, it is NOT checked OFF

"A40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of five years has not passed since your prior refusal"

 

[Bryanna]

Note: They are many grounds which are not checked off, the only checked off are as listed below:

--You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):

--Section 40(1)(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;

This means you are inadmissible due to misrepresentation.... because you did not declare that you were refused entry to the US. As a result, you also got a 5-year ban from entering Canada.

Furthermore, the following ground is there in refusal letter but it is empty, it is NOT checked OFF

"A40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of five years has not passed since your prior refusal"

This box will be checked if you reapply anytime before the 5-year ban lapses.


The short answer (I'm so sorry to break the bad news to you) is that you received a TRV refusal + you are inadmissible + you were given a ban of 5 years

 

[askhan78]

Thanks Bryanna for your reply.

If so, CIC should tell me each and everything clearly in their refusal letter. There is no need to hide about ban thing from me and tell me about it after reapplying.

Canada like honesty, what kind of honesty it is? They charged 570 $ from me and they should tell me each and everything accurately about my application. If i hide something from them, then what they are going to do with me? They should deal each and every application sincerely.

I would love to forget about Canada for five years or may be more...

Thanks Bryanna and everyone for saving my time, money and efforts.

 

[scylla]

If so, CIC should tell me each and everything clearly in their refusal letter. There is no need to hide about ban thing from me and tell me about it after reapplying.

Canada like honesty, what kind of honesty it is? They charged 570 $ from me and they should tell me each and everything accurately about my application. If i hide something from them, then what they are going to do with me? They should deal each and every application sincerely.

They didn't hide anything from you. They indicated you had the misrepresentation ban by checking the following refusal reasons in your letter (per your original post):

--You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):

--Section 40(1)(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;

 

[Bryanna]

The US and Canada share immigration records. You were also given an opportunity to explain about being denied entry to the US when you received the Procedural Fairness Letter. This, itself (and I did mention to you at the time), was an indication that you would likely be considered inadmissible due to misrepresentation/a possible ban.

As tough as it may seem to do, you must mention about being denied entry to the US + this 5-years ban from entering Canada due to misrepresentation each time you apply for visas/immigration to any other country


Don't lose hope