Misrepresentation

[Jkama085]

Hello everyone,

I find myself in a challenging situation. Recently, my father's application for a Super Visa, based on Strong Family ties inside and the lack off outside of CA (although Super Visa requires strong family ties...). We decided to reapply with additional evidence. However, during the process, my father inadvertently failed to disclose his previous US visa, as he mistakenly believed he already included it in the new application given that he was just rejected for his Super Visa which already disclosed this information.

Consequently, we received a PFL (Procedural Fairness Letter), in which we explained that this omission was an honest mistake and that it had been disclosed previously. Despite our explanation, the Visa Officer refused his application and imposed a 5-year ban, citing dissatisfaction with our reasoning for not including the information, without providing further explanation.

Has anyone encountered a similar situation, and if so, what steps did you take? This outcome feels unduly harsh considering it was a genuine oversight.

Thank you.

 

[scylla]

Hello everyone,

I find myself in a challenging situation. Recently, my father's application for a Super Visa, based on Strong Family ties inside and the lack off outside of CA (although Super Visa requires strong family ties...). We decided to reapply with additional evidence. However, during the process, my father inadvertently failed to disclose his previous US visa, as he mistakenly believed he already included it in the new application given that he was just rejected for his Super Visa which already disclosed this information.

Consequently, we received a PFL (Procedural Fairness Letter), in which we explained that this omission was an honest mistake and that it had been disclosed previously. Despite our explanation, the Visa Officer refused his application and imposed a 5-year ban, citing dissatisfaction with our reasoning for not including the information, without providing further explanation.

Has anyone encountered a similar situation, and if so, what steps did you take? This outcome feels unduly harsh considering it was a genuine oversight.

Thank you.

You need to hire an immigration lawyer to try to overturn the ban.

 

[Sarah1980]

Unfortunately, not disclosing previous refusals is a very common reason for getting a ban due to misrepresentation. Maybe for you it is an oversight but from point of view of IRCC you tried to hide important information regarding immigration matters.

The only step I know of is to challenge the decision to the federal court (judicial review). If the decision was made inside of Canada, the eligibility window to file is 15-days after receiving a negative decision. If the decision was made outside of Canada, it is 30 or 60 days. You would need a lawyer to file for you and not sure what are your chances to win.

 

[Jkama085]

Thanks all for the suggestions, I will def be reaching out to an Immigration Lawyer. One thing I wanted to confirm, why would the letter state my father was band, but state a section for next step and request me to apply again?

Specifically, it says the following:
You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of
the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible
to Canada for a period of five years from the date of this letter or from the date a previous
removal order was enforced.

Then:
Next Steps:
• If you decide to apply again, know that:
○ your new application will be assessed on its own merits,
○ you must resubmit a new application and all relevant supporting documents and pay
a new temporary resident application fee, and
○ your new application may be refused unless it is supported by new or different
information that would satisfy the officer that you meet all application requirements.

 

[Sarah1980]

Thanks all for the suggestions, I will def be reaching out to an Immigration Lawyer. One thing I wanted to confirm, why would the letter state my father was band, but state a section for next step and request me to apply again?

Specifically, it says the following:
You have been found inadmissible to Canada in accordance with paragraph 40(1)(a) of
the Immigration and Refugee Protection Act (IRPA) 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 the IRPA. In accordance with paragraph A40(2)(a), you will remain inadmissible
to Canada for a period of five years from the date of this letter or from the date a previous
removal order was enforced.

Then:
Next Steps:
• If you decide to apply again, know that:
○ your new application will be assessed on its own merits,
○ you must resubmit a new application and all relevant supporting documents and pay
a new temporary resident application fee, and
○ your new application may be refused unless it is supported by new or different
information that would satisfy the officer that you meet all application requirements.

This is a standard thing they write but it would be applicable only after the 5 years of ban have passed.