Study Permit Banned

[dearestdamsel]

Can someone advise me, my sister got ban for 5yrs about 2 years ago based on fraudulent acct statement, we took it to court in Canada which we end up spending about $25,000 Cad. and eventually we lost the case because Judge said our lawyer argument was not convincing enough. we are court presently in South Africa with the bank for giving out false information to embassy because embassy said to court that when they called the bank to verified, bank told them it was fake acct. and when we went to bank, they gave us a document saying that the acct is authentic.
My question is that, can this ban still be overturned because I don't want her case to affect her husband application which he is about to submit

 

[scylla]

Can someone advise me, my sister got ban for 5yrs about 2 years ago based on fraudulent acct statement, we took it to court in Canada which we end up spending about $25,000 Cad. and eventually we lost the case because Judge said our lawyer argument was not convincing enough. we are court presently in South Africa with the bank for giving out false information to embassy because embassy said to court that when they called the bank to verified, bank told them it was fake acct. and when we went to bank, they gave us a document saying that the acct is authentic.
My question is that, can this ban still be overturned because I don't want her case to affect her husband application which he is about to submit

You would need to go to court again and hire a lawyer again to fight this case in Canada. If you were unsuccessful in getting it overturned previously, the chances of being successful this time are likely extremely low. Perhaps it could help you if your SA court case is positive and you win. So you would want to wait for the results of the SA court case before tyring to overturn the misrepresentation decision in Canada.

 

[dearestdamsel]

Our Lawyer said we had taken it to highest court in Canada, I thought we could appeal it before, but he said no, but from the note we got from the embassy they indicated that we can reapply if the situation changed

 

[dearestdamsel]

You would need to go to court again and hire a lawyer again to fight this case in Canada. If you were unsuccessful in getting it overturned previously, the chances of being successful this time are likely extremely low. Perhaps it could help you if your SA court case is positive and you win. So you would want to wait for the results of the SA court case before tyring to overturn the misrepresentation decision in Canada.

Our Lawyer said we had taken it to highest court in Canada, I thought we could appeal it before, but he said no, but from the note we got from the embassy they indicated that we can reapply if the situation changed

 

[scylla]

Our Lawyer said we had taken it to highest court in Canada, I thought we could appeal it before, but he said no, but from the note we got from the embassy they indicated that we can reapply if the situation changed

If you've already taken this to the highest court in Canada, then it sounds like you are probably out of luck. I would recommend you get an opinion on this from another immigration lawyer in Canada to be sure.

The statement that your sister can reapply if the situation changes does not apply to her. This is standard language that is included in all refusal letters however it does not apply to those who have been given a 5 year misrepresentation ban. She cannot reapply until the 5 years have passed.

Assuming you are 100% sure she has a misrepresention ban, applying for PR for her husband will not be possible for another 3 years since she is inadmissible.

 

[YVR123]

Our Lawyer said we had taken it to highest court in Canada, I thought we could appeal it before, but he said no, but from the note we got from the embassy they indicated that we can reapply if the situation changed

The "reapply" wording is standard wording for any refusal/reject cases. You can reapply but if you/she is under a 5 year ban, it will be refused again.

 

[dearestdamsel]

The "reapply" wording is standard wording for any refusal/reject cases. You can reapply but if you/she is under a 5 year ban, it will be refused again.

Would that affect her husband or not

 

[scylla]

Would that affect her husband or not

Yes, if she's inadmissible, his application cannot be approved.

 

[YVR123]

Would that affect her husband or not

YES. Her husband cannot get PR if his spouse is inadmissible. It was already answered.

 

[dearestdamsel]

Thank everyone for this information. it really sad to hear this. and one last question, what if he applies for work permit base on business owner in Canada. presently he has 5years visiting visas and he has been coming in and out since his wife got banned

 

[scylla]

Thank everyone for this information. it really sad to hear this. and one last question, what if he applies for work permit base on business owner in Canada. presently he has 5years visiting visas and he has been coming in and out since his wife got banned

I'm not 100% sure.

I know PR isn't possible but I'm not sure about a work permit.