5 year ban
- Thread starter Celestine Yong
- Start date
Don't feel low or get sad. It is not the end of the world. After all it is just a study visa. If this didn't worked out, there are other better things in life to achieve.
Hello all. I was refused study permit application on 19th September 2017 on the ground of misrepresentation. I have a feeling i've also bagged 2years ban. Below are the contents of the refusal letter that were ticked. Any constructive opinion will be appreciated. Thanks
X --You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
On misrepresentation:
X --Section 40(1)(a): 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 this Act;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
X --You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
On misrepresentation:
X --Section 40(1)(a): 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 this Act;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
russ6970
VIP Member
Looks to me like you have been banned before, that is why you been refused this time. You could apply for notes if of course you were unaware of the previous banHello all. I was refused study permit application on 19th September 2017 on the ground of misrepresentation. I have a feeling i've also bagged 2years ban. Below are the contents of the refusal letter that were ticked. Any constructive opinion will be appreciated. Thanks
X --You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
On misrepresentation:
X --Section 40(1)(a): 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 this Act;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
Hello all. I was refused study permit application on 19th September 2017 on the ground of misrepresentation. I have a feeling i've also bagged 2years ban. Below are the contents of the refusal letter that were ticked. Any constructive opinion will be appreciated. Thanks
X --You are a member of an inadmissible class of persons described in the Immigration and Refugee Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
On misrepresentation:
X --Section 40(1)(a): 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 this Act;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
Agreed with the above. One of the reasons you were refused is that there is still a previous ban in place against you. What's not clear is if you were now issued a new misrepresentation ban on top of the existing 2 year ban. Based on the above - it doesn't look like you were. Don't apply to Canada again until the ban is over.
Perhaps you're right. But my 1st application that was refused in 2016 was cos of purpose of visit and Current Employment Status. This one is my 1st refusal on misrepresentation. And i've gotten my GCMS notes...nothing like ban is written there.
Thanks. But the 2years clause wasn't ticked on the refusal letter. It was just under the Section 40(1)(a) clause, but not ticked. And in my GMCS, nothing like a ban was mentioned there...just the Section 40(1)(a) clause.
OK - I missed that. In that case it's pretty safe to assume you have a 5 year ban from misrepresentation. The misrep ban used to be 2 years - but it was increased to 5 years a few years ago. So you'll most likely need to forget about coming to Canada until 2022.
I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
I have concerns that you misrepresented your (or your financial sponsor’s) current employment and the source of funding for your proposed studies in Canada. You did so both in your answers on the application form and through the submission of fraudulent employment and/or financial sponsorship documents.
Furthermore, pursuant to paragraph 10(2)(c.1) of the Immigration and Refugee Protection Regulations:
10(2) The application shall, unless otherwise provided by these Regulations
…
(c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant
Based on your submissions, I have concerns that you have omitted to declare that you used a compensated representative to facilitate the submission of your application. Your application contains evidence that it was facilitated by the same person or entity as many other applications received by this office. Based on our research this is a compensated representative. I therefore have concerns that you misrepresented this information either through omission or through failing to indicate that the representative was compensated.
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) 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 this Act
40(2) The following provisions govern subsection (1): (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you fifteen (15) days from the date of this letter to make any representations in this regard. Please use the address noted on this letter for all correspondence, and clearly indicate your file number. If you do not respond to this request within the time outlined above, your application will be assessed based on the information available, which will likely result in a refusal.
Thank you for the interest you have shown in Canada.
I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
I have concerns that you misrepresented your (or your financial sponsor’s) current employment and the source of funding for your proposed studies in Canada. You did so both in your answers on the application form and through the submission of fraudulent employment and/or financial sponsorship documents.
Furthermore, pursuant to paragraph 10(2)(c.1) of the Immigration and Refugee Protection Regulations:
10(2) The application shall, unless otherwise provided by these Regulations
…
(c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant
Based on your submissions, I have concerns that you have omitted to declare that you used a compensated representative to facilitate the submission of your application. Your application contains evidence that it was facilitated by the same person or entity as many other applications received by this office. Based on our research this is a compensated representative. I therefore have concerns that you misrepresented this information either through omission or through failing to indicate that the representative was compensated.
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation (a) 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 this Act
40(2) The following provisions govern subsection (1): (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to give you an opportunity to respond to this information. I will afford you fifteen (15) days from the date of this letter to make any representations in this regard. Please use the address noted on this letter for all correspondence, and clearly indicate your file number. If you do not respond to this request within the time outlined above, your application will be assessed based on the information available, which will likely result in a refusal.
Thank you for the interest you have shown in Canada.
Hello,
Why did they think your/your sponsor's employment documents were fraudulent? Did you not submit it in a letterhead? Or did they call the place of work to confirm if you are working there
Why did they think your/your sponsor's employment documents were fraudulent? Did you not submit it in a letterhead? Or did they call the place of work to confirm if you are working there
All my documents are all in letterhead and they never called my place of work for any clarification