Applied for eta, approved, enter, leave, then 1 year later, rejected

[Risako]

Hello. My wife carries a Chinese PROC Passport and she has a green card to stay in the USA and in early 2018, she applied for an ETA for to visit Canada. She was approved. We visited Canada for a week, and left for China. A few months later, we re entered Canada for 1 day before heading back home to the US. In January of 2019, we recieved an email stating the following:

Thank you for your interest in visiting Canada. After careful review of your Electronic Travel
Authorization (eTA) application, I have determined that your application does not meet the
requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and
Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• 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.

You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.


Does anyone know what we did or why this happened? Who can we contact to fix this? Or must I just reapply the next time we plan to travel there? We did not provide any false imformation, nor did we withheld any information. Being banned for 5 years without explanation seems a bit odd.

 

[scylla]

Hello. My wife carries a Chinese PROC Passport and she has a green card to stay in the USA and in early 2018, she applied for an ETA for to visit Canada. She was approved. We visited Canada for a week, and left for China. A few months later, we re entered Canada for 1 day before heading back home to the US. In January of 2019, we recieved an email stating the following:

Thank you for your interest in visiting Canada. After careful review of your Electronic Travel
Authorization (eTA) application, I have determined that your application does not meet the
requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and
Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• 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.

You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.


Does anyone know what we did or why this happened? Who can we contact to fix this? Or must I just reapply the next time we plan to travel there? We did not provide any false imformation, nor did we withheld any information. Being banned for 5 years without explanation seems a bit odd.

Is there any chance your wife has a past refusal to any country for a visa of any kind that she forgot to list in the application?

 

[Risako]

This is her very first refusal. And its just so odd it happened way after our vacation. Shes been to many countries. Never been refused before.

 

[bellaluna]

If I understand correctly, she suddenly got this email well after her eTA was applied and approved?

Is it still valid if she checks here?
https://onlineservices-servicesenli...?lang=en&_ga=1.205071059.234167906.1423250354

 

[Bryanna]

Hello. My wife carries a Chinese PROC Passport and she has a green card to stay in the USA and in early 2018, she applied for an ETA for to visit Canada. She was approved. We visited Canada for a week, and left for China. A few months later, we re entered Canada for 1 day before heading back home to the US. In January of 2019, we recieved an email stating the following:

Thank you for your interest in visiting Canada. After careful review of your Electronic Travel
Authorization (eTA) application, I have determined that your application does not meet the
requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and
Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:

• 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.

You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.


Does anyone know what we did or why this happened? Who can we contact to fix this? Or must I just reapply the next time we plan to travel there? We did not provide any false imformation, nor did we withheld any information. Being banned for 5 years without explanation seems a bit odd.

Did she get a Procedural Fairness letter prior to getting this email? The PFL would state the concerns/ grounds for misrepresentation

 

[Risako]

We have received No physical letter about this, only an email. And status checking online shows refused.
You do not meet the requirements for an eTA. As a result, your application has been refused.
Your application is now closed. Ect...

Where can i request this Procedural Fairness letter?

 

[Bryanna]

We have received No physical letter about this, only an email. And status checking online shows refused.
You do not meet the requirements for an eTA. As a result, your application has been refused.
Your application is now closed. Ect...

Where can i request this Procedural Fairness letter?

1. A PFL may not be a physical letter. It would have been emailed to your wife's email address or in her online account.

2. A PFL is the first procedural step before IRCC issues a 5 years' ban for misrepresentation.

3. She must email her local visa office ASAP and state she did NOT receive the PFL + she does not know the specific reasons for the ban. Basically, she must state that she lost the opportunity to present facts/evidence to avoid being given a ban.

4. If she is sure that she did not get the PFL, you may want to speak with an experienced immigration lawyer. She can probably appeal this ban because IRCC has not followed due process. Do check for the time limit for filing an appeal.

5. But, prior to filing the appeal, she must ensure that her application was true-and-correct in every way, no incorrect statements

 

[Risako]

Thank you, Ill do this and wait for their response