Another tension

[harnav sra]

Hi . My aor is 27 Jan 2019.Adr imm5669 13 March MEP 16 March bio 19 March. Nov 4112. I am principal applicant with 2 dependants. I am at peace but today I read I thread where 1 person was confirming about 1 question. . Whether u were refused earlier etc etc. My case is this.. My mom in 2009 applied for canada pr and got refused . I was dependant child along with brother.in 2013 I got married.never bothered about canada. But now when I filled 5669imm form I asked many whether refusal of PA means refusal of dependant child and all said no. But today one Hero member answered yes . Oh God I am tensed since THAT time. Please help whether I answered wrong??? There was nothing bad in hiding refusal point is i considered it not my refusal. .Pls pls any one answeR and set my mind at rest

 

[_Harry_]

I don't think refusal of your mother's PR can be considered as your own refusal. You can mention this point in the LoE if you would like but IMO, I don't think this should impact your chances. Nor it means that you answered the question wrong about prior refusal.

I am not sure what other seniors think about this case thought..!

 

[harnav sra]

Thanks so much.

 

[harnav sra]

Hope more experts can reply pls @legalfalcon Ernest request

 

[zardoz]

My opinion is that if you are not sure about whether an application form question applies to you, answer as if it does and supply a letter of explanation for the answer. That allows IRCC to be able to make a valid decision on whether it's relevant or not.

In this case it is almost certainly irrelevant but without being informed, how can they tell? We have no idea why the original PR application was refused. For all we know, a dependent child could have been the cause.

 

[harnav sra]

My mom couldnot clear elligibity phase. Cic weRe not convinced THAT she was teacher . Though now she is in Canada on WP . Which I mentioned in my profile

 

[legalfalcon]

Hi . My aor is 27 Jan 2019.Adr imm5669 13 March MEP 16 March bio 19 March. Nov 4112. I am principal applicant with 2 dependants. I am at peace but today I read I thread where 1 person was confirming about 1 question. . Whether u were refused earlier etc etc. My case is this.. My mom in 2009 applied for canada pr and got refused . I was dependant child along with brother.in 2013 I got married.never bothered about canada. But now when I filled 5669imm form I asked many whether refusal of PA means refusal of dependant child and all said no. But today one Hero member answered yes . Oh God I am tensed since THAT time. Please help whether I answered wrong??? There was nothing bad in hiding refusal point is i considered it not my refusal. .Pls pls any one answeR and set my mind at rest

First of just because you see someone's status on the forum as "VIP," "Hero." etc. has no relevance. This is purely based on number of comments you have posted.

As regards your questions, as a minor, you cannot sign or file any documents and therefore legally, you do not act on your own behalf. Further, an immigration application is for the primary applicant and not the dependents. Your parents immigration application, which was refused will have no bearing on your application and you did the right thing by answering no.

However, if you have doubts you can send a CSE and clarify that you were a part of an immigration application filed by your parents in [YEAR] which was refused.

Irrespective of whether you inform IRCC or not, it doesn't matter.

The statutory questions are asked to do a BGC and are also used for misrepresentation. Section 40 of the IRPA defines "misrepresentation" as:

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;
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
o(d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, in the circumstances set out in subsection 10(2) of that Act.

Further s. 127 states:

127. No person shall knowingly
(a) directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) communicate, directly or indirectly, by any means, false or misleading information or declarations with intent to induce or deter immigration to Canada; or
(c) refuse to be sworn or to affirm or declare, as the case may be, or to answer a question put to the person at an examination or at a proceeding held under this Act

Now the question revolves around, Materiality & Relevancy

Just because if a question is answered incorrectly, of falsely or with incomplete information, it doesn’t mean that misrepresentation will or can result in a problem. That depends on whether the information was “material” and “relating to a relevant matter that induces or could induce an error in the administration of this Act.” To be material, a misrepresentation need not be decisive or determinative but it will be material if it is important enough to affect the process.

Failure to Disclose

Innocent misrepresentations include statements that are not accurate. More problematic are those cases where, although not asked, one fails to disclose information that which is relevant and material.

The leading case on this area is Brooks [1974] S.C.R. 850

In your case, failure to disclose is immaterial, but since you are aware of it, you should inform IRCC even though it will not matter in making a decision on your application.