Temporary Resident Visa Refused due to Misrepresentation

[Bencres]

Hi

I applied for a visitor visa from outside Canada in September 2015 via mail and got refusal letter. The refusal letter was on 2 pages, with the second page a tick in the check box "purpose of visit". I reapplied and got refusal letter again on 2 pages.

Long story short, recently my immigration lawyer told me he has received a copy of my refusal letter and it's on 5 pages. And on the 5th page the section misrepresentation was ticked.

My question is how can I appeal that decision now? Had I known that my refusal was due to misrepresentation, I would have taken legal action within the 60 days following the letter. Now it's been almost 2 years and I'm not learning that I cannot go back to Canada. Also how can i prove that the refusal letter that I have received was only 2 pages. Where is the fairness in the system??

 

[Buletruck]

I don't see how the fact your lawyer didn't provide you with information that is critical for your application in a reasonable time frame is the fault of IRCC and makes the system unfair. That's a matter for you to address with your lawyer.

Given that back in late 2016 you had a call from IRCC and misrepresentation was brought up at that time, why didn't you address the issue with your lawyer then? If he was delegated as your representative, he would have been aware of all of this (if he wasn't your representative, he wouldn't have a 5page refusal letter) and should have been keeping you advised. I'd be asking your lawyer some tough questions before I place the blame on IRCC and the system.

As for an appeal, based on your comments, you have probably missed the deadline to submit (seems 60 days is the maximum, but I may be wrong). In your case, I believe you would have to submit to Federal Court for leave, which is not a guarantee it will be heard and would be based on whether the VO made a mistake in law at the time of the application. You would also need to retain a Canadian lawyer. If the court reviews and accepts your application for leave, a judge will hear the case. If not, it will be dismissed.

 

[Bryanna]

Agreed. @Buletruck is right. Your immigration lawyer did not inform you about these critical documents. It's your immigration lawyer whom you should be questioning.

1. As you had appointed your immigration lawyer as your authorized representative, all communication from IRCC was received by him.

2. IRCC would have issued a 'Procedural Fairness Letter' giving you an opportunity to present your views before the final refusal/5-years ban was issued.

3. You would have had 30 days to reply to this 'Procedural Fairness Letter' i.e. to prove that the visa officer's observations were incorrect. This tends to be quite difficult to prove. Most misrepresentation cases are for not declaring previous visa refusals (especially to the US) and/or for fraud/forged documents.

4. Your immigration lawyer then received a refusal letter which would have had the misrepresentation box checked. It seems he took his time to inform you about this refusal letter as well.

5. Appealing is a long process with considerable expense and little/no chances of overturning the refusal reasons/misrepresentation and 5-years ban. IRCC will not accept your contention that your immigration lawyer had committed these lapses because it was your responsibility to check/verify the TRV application forms before signing them.


Unfortunately, you have no option but to wait until the 5-years ban is over. If you apply before this, you can expect the visa application to be refused. This 5-years ban could affect your chances of any other future visas for Canada. You must also declare it when you apply for visas of any other country

 

[canuck_in_uk]

i am inadmissible to Canada for a period of five years under the permanent residency. there is any other option to move to Canada. i.e. tourist, work permit. yesterday i read the article if your blood relation is living in Canada so you can move under the teacher's requirement in British Columbia.
Please tell me any chances or any option for this. because i have a blood relation in British Columbia.

You are inadmissible. You have no option to come to Canada until the 5 year ban is up. It doesn't matter what family you have in Canada.

 

[ZZoro]

i am inadmissible to Canada for a period of five years under the permanent residency. there is any other option to move to Canada. i.e. tourist, work permit. yesterday i read the article if your blood relation is living in Canada so you can move under the teacher's requirement in British Columbia.
Please tell me any chances or any option for this. because i have a blood relation in British Columbia.

Can you plz share the link to that article ?

 

[rattan82]

Can you plz share the link to that article ?

which article link ???

 

[tsega]

Hi I applied for refugee for canada visa.I am in south Africa as refugee.I got a letter from vo.the letter said my form and interview note is mismatch and they give me opportunities to answer to the concerns.when I replay them,I told them that I was traveling the all night to attend the interview so I was exuhasted and I applogise for my mistake.the first concern was the route I come from my country to S.A..I replied the exact route by fixing missing country on the form and on the interview.the other concern was I couldn't name the leader of poletical party that I was supporting.I replied the leader too on the letter.
Are they going to refuse me ?
Please help

 

[Bryanna]

Hi I applied for refugee for canada visa.I am in south Africa as refugee.I got a letter from vo.the letter said my form and interview note is mismatch and they give me opportunities to answer to the concerns.when I replay them,I told them that I was traveling the all night to attend the interview so I was exuhasted and I applogise for my mistake.the first concern was the route I come from my country to S.A..I replied the exact route by fixing missing country on the form and on the interview.the other concern was I couldn't name the leader of poletical party that I was supporting.I replied the leader too on the letter.
Are they going to refuse me ?
Please help

Hi,

IMO, you're in a difficult situation.

You've done your best by replying to the Procedural Fairness letter. Hopefully, IRCC will understand that you were exhausted and stressed out. Quite honestly, a Procedural Fairness letter is not a good thing to get. It often results in a 5-years ban for misrepresentation + visa refusal. In effect, this means it would be very difficult to get visas to any other country.

You must be able to convince IRCC that you really took the route from your home country to South Africa (which you had declared in your form). Also, IRCC may not accept that you could not remember the name of the leader of your political party.

You must be prepared for the worst.... but continue to hope for the best.


I do hope IRCC accepts your letter/reply


Cheers

 

[scylla]

I agree with the comment above. Fairness letters are a very serious matter. If you claimed asylum for any sort of political belief / political persecution reasons - forgetting the name of the leader of the party you support during the interview is a very big deal and casts doubt on whether your claim is genuine.

Good luck. Hopefully your explanation is accepted.

 

[vinnn]

hello, please help and give advice

I have applied for US visitor visa some years ago and got that visa, but now on Canada PR application, I am claiming points for my employment which was previous employment (not primary) and that information was not provided at that time of US visa application.

so, now when I am claiming that employment will it will be the problem that this employment was not mentioned in US application?

 

[tsega]

I agree with the comment above. Fairness letters are a very serious matter. If you claimed asylum for any sort of political belief / political persecution reasons - forgetting the name of the leader of the party you support during the interview is a very big deal and casts doubt on whether your claim is genuine.

Good luck. Hopefully your explanation is accepted.

 

[tsega]

Thankyou for replay.I am still waiting for response from cic after fairness letter.how long it will take to process fairness letter ? It's 4 month now .I am still waiting.

 

[scylla]

Thankyou for replay.I am still waiting for response from cic after fairness letter.how long it will take to process fairness letter ? It's 4 month now .I am still waiting.

Unfortunately it's very hard to say. Processing times vary widely. It's quite possible you may have to wait several more months. You can always request your GCSM notes to see what's happening (although they will take a month to arrive).

 

[tsega]

What is GCMS notes?

 

[Bryanna]

What is GCMS notes?

GCMS or case notes are the observations made by the visa officer during your interview/while processing your file + it has the entire processing history of your application.

If you have a friend/relative who lives in Canada, s/he can order it for you. It would cost CAD 5 + take about a month to arrive. Here's how to order:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html


If you don't know anyone in Canada then you'll need to Google for an agency who can order it on your behalf. Cost would be CAD 25-30 + could take longer than 30 days