Thread for Acrra Ghana applicants

[Ugoswife]

OMG. Not good. We just got a refusal letter. I have 30 days to make an appeal. Pleeeeeasssse....does anyone have experience with appeals??? Any similar situations??

Application was received in Jan 10, 2017. No change in ECAS/MyCIC since Feb. Sent some supporting docs in September (2017 travel docs/pics). Sent an email to the Minister of Immigration a couple weeks ago like many others. And now this refusal letter. My husband was denied a visitor visa in early 2016 because of concern about some documents. Now they're telling us he is admissible for 5 years, but I didn't realize that was the case when they sent us his visitor visa refusal letter.

The relevant part of his letter reads:

You applied at this office for a Temporary Resident Visa on 15 March 2016. After being offered a fair opportunity to respond to information that indicated you had misrepresented relevant information in your application, you were found to be inadmissible for misrepresentation under Paragraph A40(2)(a) of the Act on 26 April 2016.

As a result, you were rendered inadmissible to Canada for a period of five years from that date. Thus, you are inadmissible in any category until 16 June 2022 and your application is refused.​

A letter came to me also, along with a NOTICE OF APPEAL form. Relevant sections from the letter:

Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed
manner an application to sponsor a foreign national as a member of the family class to appeal to the
Immigration Appeal Board against a decision not to issue the foreign national a permanent resident visa.

If the Appeal Division finds that an applicant is not a member of the family class, and/or that the sponsor is not a
sponsor within the meaning of the Regulations, the Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b), that read:

67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal
is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)

If you decide to appeal this decision, you may commence an appeal by completing and submitting a
Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions.

You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal. The completed
form and a copy of this letter must be received at the office responsible for the province where you live within 30
days from the date you receive this letter.

PLEASE HELPPPPPP!!!!

Sorry about your situation. Did your husband respond at all to the concerns they had for his TRV refusal? If he didn't at all, then it seems like a really gloomy situation. You might also need to involve a good immigration lawyer at this point. Visit this thread for more info on appeal cases https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-733

 

[olawunmif]

OMG. Not good. We just got a refusal letter. I have 30 days to make an appeal. Pleeeeeasssse....does anyone have experience with appeals??? Any similar situations??

Application was received in Jan 10, 2017. No change in ECAS/MyCIC since Feb. Sent some supporting docs in September (2017 travel docs/pics). Sent an email to the Minister of Immigration a couple weeks ago like many others. And now this refusal letter. My husband was denied a visitor visa in early 2016 because of concern about some documents. Now they're telling us he is admissible for 5 years, but I didn't realize that was the case when they sent us his visitor visa refusal letter.

The relevant part of his letter reads:

You applied at this office for a Temporary Resident Visa on 15 March 2016. After being offered a fair opportunity to respond to information that indicated you had misrepresented relevant information in your application, you were found to be inadmissible for misrepresentation under Paragraph A40(2)(a) of the Act on 26 April 2016.

As a result, you were rendered inadmissible to Canada for a period of five years from that date. Thus, you are inadmissible in any category until 16 June 2022 and your application is refused.​

A letter came to me also, along with a NOTICE OF APPEAL form. Relevant sections from the letter:

Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed
manner an application to sponsor a foreign national as a member of the family class to appeal to the
Immigration Appeal Board against a decision not to issue the foreign national a permanent resident visa.

If the Appeal Division finds that an applicant is not a member of the family class, and/or that the sponsor is not a
sponsor within the meaning of the Regulations, the Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b), that read:

67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal
is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)

If you decide to appeal this decision, you may commence an appeal by completing and submitting a
Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions.

You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal. The completed
form and a copy of this letter must be received at the office responsible for the province where you live within 30
days from the date you receive this letter.

PLEASE HELPPPPPP!!!!

Oh dear. This is mega serious. Check out the thread suggested by @Ugoswife and also can you try and get an immigration lawyer. I think you would need a professional to review your file starting from when he applied for TRV, why he was refused, what was done from it at your end and how you can appeal and prove that there isnt hanky panky going on. I really wish you the best dear. Thoughts are with you at this moment

 

[Lagos babe]

OMG. Not good. We just got a refusal letter. I have 30 days to make an appeal. Pleeeeeasssse....does anyone have experience with appeals??? Any similar situations??

Application was received in Jan 10, 2017. No change in ECAS/MyCIC since Feb. Sent some supporting docs in September (2017 travel docs/pics). Sent an email to the Minister of Immigration a couple weeks ago like many others. And now this refusal letter. My husband was denied a visitor visa in early 2016 because of concern about some documents. Now they're telling us he is admissible for 5 years, but I didn't realize that was the case when they sent us his visitor visa refusal letter.

The relevant part of his letter reads:

You applied at this office for a Temporary Resident Visa on 15 March 2016. After being offered a fair opportunity to respond to information that indicated you had misrepresented relevant information in your application, you were found to be inadmissible for misrepresentation under Paragraph A40(2)(a) of the Act on 26 April 2016.

As a result, you were rendered inadmissible to Canada for a period of five years from that date. Thus, you are inadmissible in any category until 16 June 2022 and your application is refused.​

A letter came to me also, along with a NOTICE OF APPEAL form. Relevant sections from the letter:

Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed
manner an application to sponsor a foreign national as a member of the family class to appeal to the
Immigration Appeal Board against a decision not to issue the foreign national a permanent resident visa.

If the Appeal Division finds that an applicant is not a member of the family class, and/or that the sponsor is not a
sponsor within the meaning of the Regulations, the Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b), that read:

67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal
is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)

If you decide to appeal this decision, you may commence an appeal by completing and submitting a
Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions.

You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal. The completed
form and a copy of this letter must be received at the office responsible for the province where you live within 30
days from the date you receive this letter.

PLEASE HELPPPPPP!!!!

This is a clear case of misrepresentation and ban.

I assume you didn't tackle the issue with the TRV application.

However, there's a way out, you can appeal, but you need a good immigration lawyer.

Please don't go through this alone, please get a good lawyer, hopefully you will be successful.

Please, for applications in process, please recheck your forms, especially the section of whether you have been denied any visa.

Most applicants screw this question up, either by ignorance, or misundersanding the question, and AVO has been known to refuse based on misrepresentation, on this question.

We can always beat them to it, by explaining and sending updated form.

My 2kobo advice

 

[larrykay247]

This is a clear case of misrepresentation and ban.

I assume you didn't tackle the issue with the TRV application.

However, there's a way out, you can appeal, but you need a good immigration lawyer.

Please don't go through this alone, please get a good lawyer, hopefully you will be successful.

Please, for applications in process, please recheck your forms, especially the section of whether you have been denied any visa.

Most applicants screw this question up, either by ignorance, or misundersanding the question, and AVO has been known to refuse based on misrepresentation, on this question.

We can always beat them to it, by explaining and sending updated form.

My 2kobo advice

I'm having the same issue right now and i found out two days after my passport is been sent to AVO ... I've sent updated form and cover letter to AVO via DHL and also sent to their email as well ... I sent to cic webform as well so I'm hoping they don't see it as misrepresentation.

 

[jennyu]

What date did they start your application pls.

We have very similar timeline. My application was received June 27th. I know they have started requesting for medicals from early to mid June applicants. We should be expecting ours soon by God's grace. They started processing on October 16th. Do you mind updating your timeline on the spreadsheet if you haven't already done so? Thank you.

https://docs.google.com/spreadsheets/d/1AhtIgK7npf9-nZLP0iX4F8KXGFkpDvJhIEnT1sc99N4/edit?usp=sharing

 

[jennyu]

This is a clear case of misrepresentation and ban.

I assume you didn't tackle the issue with the TRV application.

However, there's a way out, you can appeal, but you need a good immigration lawyer.

Please don't go through this alone, please get a good lawyer, hopefully you will be successful.

Please, for applications in process, please recheck your forms, especially the section of whether you have been denied any visa.

Most applicants screw this question up, either by ignorance, or misundersanding the question, and AVO has been known to refuse based on misrepresentation, on this question.

We can always beat them to it, by explaining and sending updated form.

My 2kobo advice

OMG. Not good. We just got a refusal letter. I have 30 days to make an appeal. Pleeeeeasssse....does anyone have experience with appeals??? Any similar situations??

Application was received in Jan 10, 2017. No change in ECAS/MyCIC since Feb. Sent some supporting docs in September (2017 travel docs/pics). Sent an email to the Minister of Immigration a couple weeks ago like many others. And now this refusal letter. My husband was denied a visitor visa in early 2016 because of concern about some documents. Now they're telling us he is admissible for 5 years, but I didn't realize that was the case when they sent us his visitor visa refusal letter.

The relevant part of his letter reads:

You applied at this office for a Temporary Resident Visa on 15 March 2016. After being offered a fair opportunity to respond to information that indicated you had misrepresented relevant information in your application, you were found to be inadmissible for misrepresentation under Paragraph A40(2)(a) of the Act on 26 April 2016.

As a result, you were rendered inadmissible to Canada for a period of five years from that date. Thus, you are inadmissible in any category until 16 June 2022 and your application is refused.​

A letter came to me also, along with a NOTICE OF APPEAL form. Relevant sections from the letter:

Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed
manner an application to sponsor a foreign national as a member of the family class to appeal to the
Immigration Appeal Board against a decision not to issue the foreign national a permanent resident visa.

If the Appeal Division finds that an applicant is not a member of the family class, and/or that the sponsor is not a
sponsor within the meaning of the Regulations, the Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b), that read:

67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal
is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)

If you decide to appeal this decision, you may commence an appeal by completing and submitting a
Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions.

You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal. The completed
form and a copy of this letter must be received at the office responsible for the province where you live within 30
days from the date you receive this letter.

PLEASE HELPPPPPP!!!!

So sorry to hear this. Like everyone suggested, please get an immigration lawyer to help with this. Appeal cases are generally difficult to put together. Don't go through this alone. From what I understand, the issue originated from the visitor's visa he applied for in 2016. Review all the concerns they pointed out then, also get GCMS notes for that application so that you can see exactly what their concerns where and know how to tackle it. Sorry again and good luck with the appeal.

 

[colmiz]

Oh

OMG. Not good. We just got a refusal letter. I have 30 days to make an appeal. Pleeeeeasssse....does anyone have experience with appeals??? Any similar situations??

Application was received in Jan 10, 2017. No change in ECAS/MyCIC since Feb. Sent some supporting docs in September (2017 travel docs/pics). Sent an email to the Minister of Immigration a couple weeks ago like many others. And now this refusal letter. My husband was denied a visitor visa in early 2016 because of concern about some documents. Now they're telling us he is admissible for 5 years, but I didn't realize that was the case when they sent us his visitor visa refusal letter.

The relevant part of his letter reads:

You applied at this office for a Temporary Resident Visa on 15 March 2016. After being offered a fair opportunity to respond to information that indicated you had misrepresented relevant information in your application, you were found to be inadmissible for misrepresentation under Paragraph A40(2)(a) of the Act on 26 April 2016.

As a result, you were rendered inadmissible to Canada for a period of five years from that date. Thus, you are inadmissible in any category until 16 June 2022 and your application is refused.​

A letter came to me also, along with a NOTICE OF APPEAL form. Relevant sections from the letter:

Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed
manner an application to sponsor a foreign national as a member of the family class to appeal to the
Immigration Appeal Board against a decision not to issue the foreign national a permanent resident visa.

If the Appeal Division finds that an applicant is not a member of the family class, and/or that the sponsor is not a
sponsor within the meaning of the Regulations, the Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b), that read:

67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal
is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)

If you decide to appeal this decision, you may commence an appeal by completing and submitting a
Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions.

You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal. The completed
form and a copy of this letter must be received at the office responsible for the province where you live within 30
days from the date you receive this letter.

PLEASE HELPPPPPP!!!!

Oh no. This is heartbreaking but don' give up. There is still hope. Like everyone has suggested, get an immigration lawyer. But i will also suggest that you get to the bottom of the trv visa refusal. Find out why he was refused and gather up all the supporting documents that may help correct the ttc situation. I think once you lawyer cab present that info in a representative manner, there is light at the tunnel....praying for you. Wish you all the best.

 

[HisAma]

Sorry about your situation. Did your husband respond at all to the concerns they had for his TRV refusal? If he didn't at all, then it seems like a really gloomy situation. You might also need to involve a good immigration lawyer at this point. Visit this thread for more info on appeal cases https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-733

For the TRV, they gave 7 days to address a concern. He replied, but they weren't satisfied. The way the TRV refusal letter was written, it wasn't clearly stated that there was a 5 year ban. The way that letter ended was "You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate your situation meets the requirements. All applications must be accompanied by a new processing fee". To me, I interpreted that to mean that the door was still open. In the following pages, there were check boxes, some of which were checked, about reasons for refusal. One of reasons cited the Act, as described in this PR refusal letter. I guess I was supposed to know that meant banned for five years! We didn't push the issue because we didn't realize he was banned. We had wanted to marry in Canada, but instead we married in Ghana about 7 months later. We did disclose in the PR application that he had been refused before. I'm thinking that the only reason this letter came now is because I requested the GCMS notes one week ago. I think someone had to pull it up, saw the old TRV application and immediately dismissed us. I doubt they even looked at the rest of our supporting documents.

In any case, I am looking for good immigration lawyer now, and will obviously appeal. I will keep looking around on the forums for hope. Thanks for the suggestions.

 

[Ugoswife]

That's definitely weird. If they mentioned misrepresentation on his previous refusal they should have alsoentitled somewhere that they were giving you time to address their concerns within a mentioned number of days. If they didn't mention that at all, then you may have a great case because there might be a mix up somewhere. You need to go through the letter again word for word.

For the TRV, they gave 7 days to address a concern. He replied, but they weren't satisfied. The way the TRV refusal letter was written, it wasn't clearly stated that there was a 5 year ban. The way that letter ended was "You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate your situation meets the requirements. All applications must be accompanied by a new processing fee". To me, I interpreted that to mean that the door was still open. In the following pages, there were check boxes, some of which were checked, about reasons for refusal. One of reasons cited the Act, as described in this PR refusal letter. I guess I was supposed to know that meant banned for five years! We didn't push the issue because we didn't realize he was banned. We had wanted to marry in Canada, but instead we married in Ghana about 7 months later. We did disclose in the PR application that he had been refused before. I'm thinking that the only reason this letter came now is because I requested the GCMS notes one week ago. I think someone had to pull it up, saw the old TRV application and immediately dismissed us. I doubt they even looked at the rest of our supporting documents.

In any case, I am looking for good immigration lawyer now, and will obviously appeal. I will keep looking around on the forums for hope. Thanks for the suggestions.

 

[Cutie101]

For the TRV, they gave 7 days to address a concern. He replied, but they weren't satisfied. The way the TRV refusal letter was written, it wasn't clearly stated that there was a 5 year ban. The way that letter ended was "You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate your situation meets the requirements. All applications must be accompanied by a new processing fee". To me, I interpreted that to mean that the door was still open. In the following pages, there were check boxes, some of which were checked, about reasons for refusal. One of reasons cited the Act, as described in this PR refusal letter. I guess I was supposed to know that meant banned for five years! We didn't push the issue because we didn't realize he was banned. We had wanted to marry in Canada, but instead we married in Ghana about 7 months later. We did disclose in the PR application that he had been refused before. I'm thinking that the only reason this letter came now is because I requested the GCMS notes one week ago. I think someone had to pull it up, saw the old TRV application and immediately dismissed us. I doubt they even looked at the rest of our supporting documents.

In any case, I am looking for good immigration lawyer now, and will obviously appeal. I will keep looking around on the forums for hope. Thanks for the suggestions.

Hi hun sorry to hear about this news!!
I have dealt with appeals before however in his previous TRV refusal what did the VO think was misrepresentation then and what concerns did they want hubby to address?
2. Did it have anything to do with documentation and or was it how the application was filled out?

Please provide what they wanted initially so I can suggest your next steps.

 

[Cutie101]

@bbccanada hey so your #2 on the spreadsheet so I guess God willing your next

 

[bbccanada]

OMG. Not good. We just got a refusal letter. I have 30 days to make an appeal. Pleeeeeasssse....does anyone have experience with appeals??? Any similar situations??

Application was received in Jan 10, 2017. No change in ECAS/MyCIC since Feb. Sent some supporting docs in September (2017 travel docs/pics). Sent an email to the Minister of Immigration a couple weeks ago like many others. And now this refusal letter. My husband was denied a visitor visa in early 2016 because of concern about some documents. Now they're telling us he is admissible for 5 years, but I didn't realize that was the case when they sent us his visitor visa refusal letter.

The relevant part of his letter reads:

You applied at this office for a Temporary Resident Visa on 15 March 2016. After being offered a fair opportunity to respond to information that indicated you had misrepresented relevant information in your application, you were found to be inadmissible for misrepresentation under Paragraph A40(2)(a) of the Act on 26 April 2016.

As a result, you were rendered inadmissible to Canada for a period of five years from that date. Thus, you are inadmissible in any category until 16 June 2022 and your application is refused.​

A letter came to me also, along with a NOTICE OF APPEAL form. Relevant sections from the letter:

Subsection 63(1) of the Immigration and Refugee Protection Act allows a person who has filed in the prescribed
manner an application to sponsor a foreign national as a member of the family class to appeal to the
Immigration Appeal Board against a decision not to issue the foreign national a permanent resident visa.

If the Appeal Division finds that an applicant is not a member of the family class, and/or that the sponsor is not a
sponsor within the meaning of the Regulations, the Appeal Division will only have jurisdiction to consider the
appeal under subsections 67(1)(a) and (b), that read:

67(1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time the appeal
is disposed of,
(a) the decision appealed is wrong in law or fact or mixed law and fact;
(b) a principle of natural justice has not been observed(…)

If you decide to appeal this decision, you may commence an appeal by completing and submitting a
Notice of Appeal to one of the addresses on the enclosure entitled Important Instructions.

You must attach a copy of this letter and a copy of the refusal letter with your Notice of Appeal. The completed
form and a copy of this letter must be received at the office responsible for the province where you live within 30
days from the date you receive this letter.

PLEASE HELPPPPPP!!!!

@HisAma, I know how you feel and really sorry for this bad news. I think the first mistake done was not to fight the concern they raised during the visitors visa which

 

[waitingInTO]

For the TRV, they gave 7 days to address a concern. He replied, but they weren't satisfied. The way the TRV refusal letter was written, it wasn't clearly stated that there was a 5 year ban. The way that letter ended was "You are welcome to reapply if you feel that you can respond to these concerns and can demonstrate your situation meets the requirements. All applications must be accompanied by a new processing fee". To me, I interpreted that to mean that the door was still open. In the following pages, there were check boxes, some of which were checked, about reasons for refusal. One of reasons cited the Act, as described in this PR refusal letter. I guess I was supposed to know that meant banned for five years! We didn't push the issue because we didn't realize he was banned. We had wanted to marry in Canada, but instead we married in Ghana about 7 months later. We did disclose in the PR application that he had been refused before. I'm thinking that the only reason this letter came now is because I requested the GCMS notes one week ago. I think someone had to pull it up, saw the old TRV application and immediately dismissed us. I doubt they even looked at the rest of our supporting documents.

In any case, I am looking for good immigration lawyer now, and will obviously appeal. I will keep looking around on the forums for hope. Thanks for the suggestions.

I'm really sorry about this @HisAma. I don't believe it has anything to do with the GCMS request as it is processed by a totally different department in Canada. We had a TRV refusal on the grounds that they thought it hasn't demonstrated enough ties to his country of residence. When the VO in Canada transferred to Accra, it was in our GCMS notes as "relevant TRV information found." So, the VO will most likely have been aware of your refusal before sending to Accra. Accra had probably started processing your eligibility and noted the grounds for the refusal.

As others have suggested, do get a lawyer asap. If the TRV refusal did not mention 5 year ban, you have a very good chance. Either way, work with a lawyer and keep praying. God will work something out for you.

 

[waitingInTO]

Yeah I don't have that. I only have invitation to pre-arrival services and medical form.

ok. Any update @Ugoswife? Did they send you your letter?

 

[bbccanada]

ou

@HisAma, I know how you feel and really sorry for this bad news. I think the first mistake done was not to fight the concern they raised during the visitors visa which

@HisAma, I know how you feel and really sorry for this bad news. I think the first mistake done was not to fight the concern they raised during the visitors visa which you should have done that by all means. I posted on this forum the problem my wife had during our first spousal application in 2014 when she made a name change by trying to obtain new document with the new name and we were screw up big time. I travelled to Ghana myself and got the guy arrested then I went to the AVO with the original certificates and document bearing my wife's previous name to proof them that she was a victim of fake people calling themselves government of Ghana employees. Therefore, after clearing the air with the visa office I was told to reapply because the application was a mess due to those document. We reapply on January 5 2017 and today my wife got a call from AVO to ask her if she can travel on December 09 2017 cos her medical expires on December 06. I didn't hire a lawyer I did all that by myself but I think you should get a lawyer to help you chose the best option. I am so sorry for your heartbreak but remember with God you will come out of this mess!