+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Should appeal or not?

Amardeep84

Full Member
Aug 3, 2014
28
0
Hi All
Seeking your sincere advice on following especially from Scylla ,Bryanna and Toby


1)Applied for pr in September 2014 and file returned in October stating not meeting the requirements of IRPA 10 a.

The agent told since the rules gonna change for express entry following January so they are returning the cases.

The comsultant called after six to eight months telling about gcms notes that he received which had only one page pertaining to my file and rest of 61 pages pertaining to someone else with same name and date of birth .


2)In May 2016 I applied for touring canada with family while going to USA

Visa refused crossing the points of travel history and purpose of visit and to my astonishment section 40 1 a and b.which says you are inadmissible since a period of five years have not passed since your prior refusal.


3)In August 2017 applied again with close friends (married couple and pr)as sponsor stating the reason to reunite with them on arrival of their new born in family and spending time with them .
Also submitted affidavit describing in detail the mistagged file details and my details .


Visa again refused stating other reasons :family ties ,economic conditions ,economic family ties ,travel history
But this time no cross marked over section 40
Already filed for Gcms notes .I have travelled to australia ,London ,Singapore ,Macau,Hong Kong ,Sri Lanka ,Dubai
Got ten years USA visa but not travelled yet .Have 2.5 crores rs of net worth with approx 25thousand Canadian dollars in saving .

Now my questions are

1)Have they removed my ban or not
2)Should I appeal
3)reapply addressing the reasons given for refusal ?


Please advice.Thanks in advance .

Regards
Amardeep
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi


Hi All
Seeking your sincere advice on following especially from Scylla ,Bryanna and Toby


1)Applied for pr in September 2014 and file returned in October stating not meeting the requirements of IRPA 10 a.

The agent told since the rules gonna change for express entry following January so they are returning the cases.

The comsultant called after six to eight months telling about gcms notes that he received which had only one page pertaining to my file and rest of 61 pages pertaining to someone else with same name and date of birth .


2)In May 2016 I applied for touring canada with family while going to USA

Visa refused crossing the points of travel history and purpose of visit and to my astonishment section 40 1 a and b.which says you are inadmissible since a period of five years have not passed since your prior refusal.


3)In August 2017 applied again with close friends (married couple and pr)as sponsor stating the reason to reunite with them on arrival of their new born in family and spending time with them .
Also submitted affidavit describing in detail the mistagged file details and my details .


Visa again refused stating other reasons :family ties ,economic conditions ,economic family ties ,travel history
But this time no cross marked over section 40
Already filed for Gcms notes .I have travelled to australia ,London ,Singapore ,Macau,Hong Kong ,Sri Lanka ,Dubai
Got ten years USA visa but not travelled yet .Have 2.5 crores rs of net worth with approx 25thousand Canadian dollars in saving .

Now my questions are

1)Have they removed my ban or not
2)Should I appeal
3)reapply addressing the reasons given for refusal ?


Please advice.Thanks in advance .

Regards
Amardeep
1. Probably still in place.
2. Too late, you had 60 days to appeal the original A40 decision
3. Only if you are positive that there was no misrepresentation in the original application, so you need the GCMS notes for that.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,120
You must order the GCMS notes for your PR application + for your first TRV application to understand why you were deemed inadmissible
 

Amardeep84

Full Member
Aug 3, 2014
28
0
Hi

Hi




1. Probably still in place.
2. Too late, you had 60 days to appeal the original A40 decision
3. Only if you are positive that there was no misrepresentation in the original application, so you need the GCMS notes for that.

1. Probably still in place.
2. Too late, you had 60 days to appeal the original A40 decision
3. Only if you are positive that there was no misrepresentation in the original application, so you need the GCMS notes for that.
Hi

1)if it’s still in place then why Visa officer have not marked cross opposite section 40 during Latest Visa rejection decision that is on 13 September 2017

2)I am asking if I can appeal for latest refusal that happened recently

3)Gcms notes already in hand

In notes against pr file there are sixty two pages .In the first page they mention file returned due to not meeting requirement of IRPA 10 a
In rest of all 61 pages he is talking about some one else with same name and same date of birth but with different
Uci

In notes against visitor Visa file he says about ban in place for five years and that it is not revealed in the file whereas I mentioned my pr uci no and refusal in that application but since I had no idea that I was banned so it was not written in it.


In latest application for tourist visa I explained submitting an affidavit about the mistagging of my file with someone else file .Visa officer did not mark cross besides anything this time and just said the reason as others:considering economic ties ,economic establishment ,employment establishment and travel history as the reason for refusal .

Regards
Amardeep Singh
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,120
If indeed you have been banned, any subsequent visa applications that you submit (not just for TRVs) would also be refused until the ban lapses.

It is the discretion of the visa officer whether or not to check certain refusal reasons. With a ban in effect, the refusal reasons checked for these subsequent visa refusals don't matter.

1. Do you have a copy of your previous PR application to be sure that your agent did not submit incorrect information/file a PR application that could have lead to a ban?

2. If you are sure that you have been banned due to mistaken identity, you can request for an administrative review of your current TRV refusal. It is for the visa office whether or not to review the refusal.

3. IMO, the visa office would not have incorrectly banned you without confirming/reconfirming your identity. There are numerous ways to ensure there is no mistaken identity.

4. I believe your agent has not been honest with you. Prior to any 5-years ban being issued, IRCC issues a 'Procedural Fairness' letter to give you an opportunity to explain why the contentions made by the visa officer are incorrect. Did your agent tell you about this letter? If it was the case, you could have informed IRCC back then that their contentions were incorrect/based on mistaken identity
 

Amardeep84

Full Member
Aug 3, 2014
28
0
Hi Bryanna.Thanks for the revert.

1)I do have all the application copies with me including pr and trvs.In the reply of pr file it was returned so quickly which was because they were going to change the rules to express entry soon and in the reply they gave only one reason and that was not meeting the requirements of IRPA 10 a.

It was only when gcms notes were asked that they sent my agent a file of 62 pages with first page as of same that was sent while refusal of pr file and rest of all pages are of a different person with same name and date of birth and different family members and different uci no .

2)yes I am damn sure they have tagged it with mistaken identity .

Please explain it briefly for me what does administrative review means and how do I apply for it.Is it same as appeal or what ?how much it costs generally ?and is it gonna help ?

3)IMO ,just because of tagging of my file he may have banned me for two years but while I applied for next trv without explaining everything clearly then he may have banned me for five years .

But since I explained everything point by point in my last trv he may have removed the ban but didn’t give me Visa.

Is not there any way to check that the ban is in place or not so that I can apply for pr directly if it’s removed.Gcms notes have already been requested for the latest trv refusal .

4)I agree with you that most of the time the agents are not reliable .Like in my case my agent never gave advice to me to remain calm for another four months and wait for express entry .
I changed my agent back then and next trv was applied from a tourism agent who booked me a standard package .
Latest trv is applied from a reliable friends family member.

I have not heard of procedural fairness.hoe do I avail this option .

5)what’s your final opinion in my case .do I keep waiting for all five years whereas I know I am not at fault.how do I convince the Visa officer.He may not have been even reading all that I have been sending .

Please help
Regards
Amardeep Singh
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,120
1)I do have all the application copies with me including pr and trvs.In the reply of pr file it was returned so quickly which was because they were going to change the rules to express entry soon and in the reply they gave only one reason and that was not meeting the requirements of IRPA 10 a.

It was only when gcms notes were asked that they sent my agent a file of 62 pages with first page as of same that was sent while refusal of pr file and rest of all pages are of a different person with same name and date of birth and different family members and different uci no .
I suggest you re-order GCMS notes for your PR application + your first TRV application.

I would re-order these GCMS notes without asking the same agent to re-order them. Just to be doubly sure that you have received the correct GCMS notes.


2)yes I am damn sure they have tagged it with mistaken identity .
Do wait until you get the new GCMS notes


Please explain it briefly for me what does administrative review means and how do I apply for it.Is it same as appeal or what ?how much it costs generally ?and is it gonna help ?
An administrative review is not the same as an appeal nor is it a reapplication. It is only a request to ask the visa office to re-review the documents which you had submitted. It is for the visa office whether or not to do a re-review.


3)IMO ,just because of tagging of my file he may have banned me for two years but while I applied for next trv without explaining everything clearly then he may have banned me for five years .
No, the 5-years ban was already in effect when you applied for PR in September 2014. It was not a 2-years' ban for misrepresentation. It had already been increased from 2 years to 5 years


But since I explained everything point by point in my last trv he may have removed the ban but didn’t give me Visa.
Unfortunately, no, the 5-years' ban has not yet lapsed nor has it been 'removed'. You will not get any visa nor a PR until this ban is over.

Even after the 5-years' is over, you can expect visa refusals or in the best case, you can expect significantly longer processing time and/or exceptional scrutiny of documents which you submit for any visa/PR app.


Latest trv is applied from a reliable friends family member.
Reliable or not does not matter. What's important is the information that you sign for your TRV/PR form.

If there's any discrepancy or if it is incorrect in any way then that could result in a misrepresentation case.


I have not heard of procedural fairness.hoe do I avail this option .
You cannot avail the 'Procedural Fairness'. And certainly not now.

Procedural Fairness is part of the process where CIC/IRCC sends a letter to the applicant asking for an explanation about certain facts which were misrepresented/incorrect information. The applicant has 30 days to file a written response.

If the applicant is able to successfully disprove the findings made by the visa officer then either a visa refusal or a visa could be issued. Else, if the applicant cannot disprove the facts then most likely a 5-years' ban is issued for misrepresentation.

In your case this Procedural Fairness letter was sent to your first agent who did not inform you about it. I would seriously question this agent who had apparently filed false information and/or false documents for your PR application.

IRCC would not have issued a 5-years' ban without sending this Procedural Fairness letter to you/your agent. This is standard procedure.


5)what’s your final opinion in my case .do I keep waiting for all five years whereas I know I am not at fault.how do I convince the Visa officer.He may not have been even reading all that I have been sending .
The culprit in this scheme of things is your first agent. He seems to have been untruthful and played you along for the PR and the first TRV application.

You could have informed IRCC back then about the mistaken identity. Personally, I think the chances of mistaken identity are very low because the visa office applies a number of checks to cross-verify someone's identity even for common names.

The time frame for an appeal is over long back. Unfortunately, the 5-years' ban is in effect. You cannot overturn it.

You must re-order GCMS notes (on your own) and then take it from there
 

Amardeep84

Full Member
Aug 3, 2014
28
0
Thanks for the help Bryanna.
One last question -Can I travel to Usa since I got ten year multiple entry Visa before I filed for Canada pr .
I suggest you re-order GCMS notes for your PR application + your first TRV application.

I would re-order these GCMS notes without asking the same agent to re-order them. Just to be doubly sure that you have received the correct GCMS notes.



Do wait until you get the new GCMS notes



An administrative review is not the same as an appeal nor is it a reapplication. It is only a request to ask the visa office to re-review the documents which you had submitted. It is for the visa office whether or not to do a re-review.



No, the 5-years ban was already in effect when you applied for PR in September 2014. It was not a 2-years' ban for misrepresentation. It had already been increased from 2 years to 5 years



Unfortunately, no, the 5-years' ban has not yet lapsed nor has it been 'removed'. You will not get any visa nor a PR until this ban is over.

Even after the 5-years' is over, you can expect visa refusals or in the best case, you can expect significantly longer processing time and/or exceptional scrutiny of documents which you submit for any visa/PR app.



Reliable or not does not matter. What's important is the information that you sign for your TRV/PR form.

If there's any discrepancy or if it is incorrect in any way then that could result in a misrepresentation case.



You cannot avail the 'Procedural Fairness'. And certainly not now.

Procedural Fairness is part of the process where CIC/IRCC sends a letter to the applicant asking for an explanation about certain facts which were misrepresented/incorrect information. The applicant has 30 days to file a written response.

If the applicant is able to successfully disprove the findings made by the visa officer then either a visa refusal or a visa could be issued. Else, if the applicant cannot disprove the facts then most likely a 5-years' ban is issued for misrepresentation.

In your case this Procedural Fairness letter was sent to your first agent who did not inform you about it. I would seriously question this agent who had apparently filed false information and/or false documents for your PR application.

IRCC would not have issued a 5-years' ban without sending this Procedural Fairness letter to you/your agent. This is standard procedure.



The culprit in this scheme of things is your first agent. He seems to have been untruthful and played you along for the PR and the first TRV application.

You could have informed IRCC back then about the mistaken identity. Personally, I think the chances of mistaken identity are very low because the visa office applies a number of checks to cross-verify someone's identity even for common names.

The time frame for an appeal is over long back. Unfortunately, the 5-years' ban is in effect. You cannot overturn it.

You must re-order GCMS notes (on your own) and then take it from there
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,120
Thanks for the help Bryanna.
One last question -Can I travel to Usa since I got ten year multiple entry Visa before I filed for Canada pr .
US and Canada share immigration data. Do post your query on a US immigration forum (if you require a waiver.... maybe not, but it's best to be sure)
 

Amardeep84

Full Member
Aug 3, 2014
28
0
Hi Bryanna .got the visa finally but again in trouble now.please do respond on my other post ,Visitor Extention refused .

Regards