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5 year ban recieved - ( documents not fraudulent )

Discussion in 'Visitors' started by harry_kracker, Oct 4, 2018.

  1. HI i am really looking for support and advice from the group members. I applied for visit visa July 2018 ( currently working in Saudi Arabia (SA) in a MNC,all supporting documents were issued from the company, salary statements, experience letters etc). I received a procedural fairness letter from CIC stating " Specifically, I have concerns that the bank statement which you have provided in support of your application is fraudulent"

    I had submitted the bank statements from the bank in SA ( salary is credited in this account ) and Indian bank account ( funds are transferred from SA bank to this Indian bank). Indian Bank statements The only point that might have inclined the officer to think that statements are fraudulent is that Indian bank statements were not stamped i downloaded them from my net-banking account.

    I had responded to the fairness letter explaining that i could not get online statements from the SA bank so got stamped statements from them.( they gave the statement on plain paper with stamp not on letter head). i was under the impression that they had concerns with bank statements from SA bank as it was stamped and not on letter head so only gave explanation for that and submitted fresh statements as well as a letter from bank stating account details and funds.But still received a rejection and a ban.The rejection / ban letter says i can still reapply.

    Requesting your advice on how to get the ban removed. Also will this affect my PR application to AUS.
     
  2. Please post the refusal letter stating you have been banned for misrepresentation.
     
    scylla likes this.
  3. Sorry to know you were refused and banned.

    It is common for some Indian banks to issue bank statements on plain stationery with just a simple seal. I don't think you were banned for this reason.

    It's almost certain the visa office must have verified/contacted the banks in KSA and India + your employer to ascertain whether or not the funds in your accounts were proportionate to your income and/or were earned by you. These checks would have been done before a Procedural Fairness letter was issued to you.

    Did you tamper with the bank statements in any way? Or maybe alter some transaction or some detail?

    You would need to declare this ban when you apply for PR to Australia. You're probably aware that Canada and Australia share immigration data
     
    scylla likes this.
  4. Agreed we need to see the letter.

    No - this won't impact your PR application to Australia.
     
  5. #5 harry_kracker, Oct 6, 2018 at 9:45 AM
    Last edited: Oct 6, 2018
    New
    Dear Members,

    Thank you for your prompt replies.Realy looking forward to your advice and guidance.

    The Procedural Fairness letter that i recieved stated the below :



    " Dear xxx
    Application: Vxxx
    *Vxxx*
    This refers to your application for a Temporary Resident Visa.

    Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for travel to Canada.

    Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection 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 the Act.

    I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) and paragraph 40(1)(a) 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 reasonable requires.

    40(1)(a) A permanent resident or a foreign national is inadmissible for misrepresentation 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.

    Specifically, I have concerns that the bank statement which you have provided in support of your application is fraudulent.

    Please note that if it is found that you have engaged in misrepresentation in submitting your application for a Temporary Resident Visa 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) which states:

    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 a determination in Canada, the date the removal order is enforced.

    I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. Please respond using the address at the top of this letter and clearly indicate your file number for all correspondence.

    If you do not respond to this request within 10 days, your application will be assessed based on the information currently on file and may result in the refusal of your application.

    Sincerely,

    Migration Officer

    ----------------------------------------------------------
    To which i replied as below
    "

    Dear Sir / Madam,

    With regards to the concerns raised over my application ( Vxxx ) by the Canadian visa office. As per the migration officer they suspect that the bank statement which I have submitted with my application was fraudulent. Thank you for the opportunity you have given to me to clarify this questions. In regards to this. I take this opportunity to clarify the information’ s about my statements.


    I have submitted two bank statements that is one from ICICI bank India and another from Saudi Arabia from ANB bank. I received the e-statements from ICIC bank on my email and the same has been submitted with the application. With regards the statements I tried downloading it from online banking but it kept giving an error that statement not generated. I had sent a couple of emails to ANB BANK to support for E-statement but this issue was not resolved. Finally I had to go the physically to the bank to request the statements. The statement that was submitted with the application was printed and stamped from the bank. I can assure that the both statements are original and I don’t have any intent to submit any fraudulent documents. I went to the bank yesterday to get a new set of statements and a certificate of statement confirming the balance in the account. I will submit the original Saudi bank statement along with the ID copy of the bank representative to ensure that this is legal and authorized from bank. For the Indian bank statement I will provide the branch manager email details to clarify about the statement originality. I will resubmit the bank statements to VFS again by today along with all the necessary documents.

    I would like to thank you once again to giving me the opportunity to clarify about the suspected documents and I don’t have any intention to submit fraudulent documents which will lead to negative consequences. I am aware about Canadian immigration rules and regulations and I do not like to face any legal issues from them. Kindly process my application and please free to contact if you need further information.

    Kindly find attached herewith the following:

    1.New bank statement from ANB

    2.Statement of Transactions ( downloaded from ANB Online Banking)

    3. Screenshot of the error in downloading the bank statements.

    4. Screenshot of the complaint and response from ANB Online .

    5. Contact details of ANB BANK representatives

    6. Contact details of ICICI Bank Manager.

    7. Certificate issued from ANB Bank.

    8. Last statement received (Nov-17) and downloaded from ANB."

    --------------------------------------------------------------
    And received the refusal letter stating :

    "Thank you for your interest in visiting Canada. After careful review of your temporary resident visa application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IR PA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds.

    ou 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.

    ----------------------------------------------------------------------------------------
    In addition to what i have described above. Me and my office colleague applied togther and both received the same refusals and we had also requested our passport to be returned to us as we had a planned vacation from work where we thought we could go to canada and see the situation there before applying for canada PR also. I had received an email that passport was dispatched already but when i received it was with a refusal.

    please advice how to move forward with this and can this be lifted so i can apply for canada pr also with the AUS PR
     
  6. reply posted on the thread
     
  7. Thank you Bryanna for the reply :

    With the indian bank i downloaded the statements online so there was no stamps, KSA bank gave me statements on plain paper with stamp and later also gave a letter stating my account balance and other details. I did not tamper with the bank statements. I have also ordered the E-GCMS notes from getgcms.com hoping that this will help me corner down the exact reason
     
  8. @harry_kracker

    First, please remove all personal references + TRV application number from your posts. This is a public forum
     
  9. @harry_kracker

    I'm not aware about ANB statements. As for ICICI Bank, this bank most certainly issues paper bank statements on a periodic basis + signed prints of bank statements on business stationery if requested in person for any purpose.... in addition to online statements.

    Not sure if this has anything to do with your case, ICICI Bank has recently been in the news for all the wrong reasons, including for serious financial irregularities. Personally, too, my family had a tough time in sorting out mutual fund payments and re-investments, etc. that did not reflect in the bank statements.

    I would recommend you/an authorized representative visit ICICI Bank in-person and get bank statements going back at least 12-18 months. This would prove fraud was not committed for the ICICI Bank statement. If possible, you must prove evidence for each transaction/deposit/bank transfer. You may want to do likewise for your ANB statement.

    If you are absolutely certain there was no goof up committed by the banks and you've been wrongly banned then you can:
    1. Write to a Visa Program Manager to request for an administrative review. You must include absolutely every possible evidence, or

    2. Your immigration lawyer must file a Judicial Review in a Federal Court of Canada. You have 60 days from the refusal date for this.


    For both cases, I highly recommend you hire the services of an experienced immigration lawyer, not someone who will only take your money. This is not a DIY project. From your reply to the Procedural Fairness letter, I can say your reply lacked substance to disprove the contentions made + was not substantiated with strong evidence
     
  10. Thank you for the reply.

    I have personally got fresh statement from.icici bank on their letter head + bank stamp.

    I got the refusal/ban letter on 29th July so it's already over 60 days. Also I did consult with a lawyer in canada and her charges are 1000 cad sljsut to check what's wrong with the case and later if she decides to move forward another 1500 cad.

    As the letter stated can i reapply for a visit visa with these latest statements will this help.
     
  11. IMO, that was not enough.


    You cannot file a Judicial Review as the 60 days time limit is over. In any case, a judicial review is an expensive and long process with no assurances of success unless you are absolutely certain that the visa officer made a mistake in his/her assessment.

    You can try submitting an Administrative Review but I'm not sure if you will have much success unless you work with a really good immigration lawyer.


    It's pointless reapplying because you have been banned for 5 years. Any visa application you submit (as a visitor, or even for a Canadian PR) will continue to be refused until the 5 years has passed. Even after that you can expect lengthier processing times and greater scrutiny of your application.

    You would also need to declare this TRV refusal + 5 years' ban for any visa application you make to ANY country for the rest of your life
     
    canuck_in_uk likes this.
  12. Is there a possibility if I resubmit request for the visa application with the stamped statements they will reconsider the same and if it was because of the statements clear the ban?

    Will this affect my aus pr also ? I will declare that I have a ban.
     
  13. Nope. You are currently inadmissible for 5 years. You can expect another refusal.

    Your only hope is to try for an administrative review after you get your GCMS notes.


    You must be absolutely honest/submit all evidence when you apply for your Australian PR
     
  14. Letter and communication posted in the thread :)
     
  15. [​IMG]

    Please check the comments on on the GCMS notes and please advice if i can reapply clarifiying that the statement are original and i have not edited anything and that i still have sufficient bank balance.[​IMG]
     

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