Application refused with a 5 years application clause.

[Shorlarh24]

I applied for a Canada visitors visa application and along the line I was contacted for "Procedural fairness" as I made a huge error on my application, definitely not intentional.
I filled that I have not been refused of US or Canada visa in the past, so on my reply I stated that must have been a big error from me so I stated all where and when I was refused.
Sadly, after about 40 days I got refused reason being that I didn't indicate I was refused earlier, so now the refusal came with a clause which I am yet to understand and need help on.

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.
Then it also stated below that:

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.

So please if anyone has a suggestion as to what I can do. It would be much appreciated.

 

[bongoman]

Unfortunately, you have been banned from Canada for 5 years. That part about applying again is just a standard part of the rejection letter any new application will be rejected because of your ban.

When they send you a procedural fairness letter it is to check if they have made a mistake not to allow you to explain your mistake.

There is not much you can do, you could hire a canadian lawyer to go fight this in court but your case is very straight forward I don't see how you could win.

 

[scylla]

I applied for a Canada visitors visa application and along the line I was contacted for "Procedural fairness" as I made a huge error on my application, definitely not intentional.
I filled that I have not been refused of US or Canada visa in the past, so on my reply I stated that must have been a big error from me so I stated all where and when I was refused.
Sadly, after about 40 days I got refused reason being that I didn't indicate I was refused earlier, so now the refusal came with a clause which I am yet to understand and need help on.

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.
Then it also stated below that:

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.

So please if anyone has a suggestion as to what I can do. It would be much appreciated.

There is nothing you can do unfortunately. You are now banned from Canada for five years and need to forget about coming here for the next five years.

 

[Shorlarh24]

There is nothing you can do unfortunately. You are now banned from Canada for five years and need to forget about coming here for the next five years.

not even an appeal can surface?
So I do not stand a chance if I apply for migration at this time too?

 

[Shorlarh24]

There is nothing you can do unfortunately. You are now banned from Canada for five years and need to forget about coming here for the next five years.

Like I explained, I thought it was an error not to fill the part I have been refused US/Canada visa before. Now I think I am sure I specified there that I was refused. There should be a way to appeal this to lift off the Ban. Any idea?

 

[Buletruck]

There’s no real appeal process. You could apply for judicial review, but you’ll need a Canadian lawyer to do that and only if the courts accept it. Given they found you failed to declare your previous refusals and you confirmed it, a judicial review will likely fail.
As for migration, you are effectively banned from entering Canada for any reason for the next 5years.

 

[Buletruck]

Like I explained, I thought it was an error not to fill the part I have been refused US/Canada visa before. Now I think I am sure I specified there that I was refused. There should be a way to appeal this to lift off the Ban. Any idea?

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-40.html

 

[scylla]

Like I explained, I thought it was an error not to fill the part I have been refused US/Canada visa before. Now I think I am sure I specified there that I was refused. There should be a way to appeal this to lift off the Ban. Any idea?

If you want to try to appeal, you will need to hire an immigration lawyer in Canada to represent you. For the appeal to be successful, you would need to show that the misrepresentation finding by IRCC was incorrect - meaning that you either have no past refusals - or that you declared all past refusals in your application original.

 

[Shorlarh24]

If you want to try to appeal, you will need to hire an immigration lawyer in Canada to represent you. For the appeal to be successful, you would need to show that the misrepresentation finding by IRCC was incorrect - meaning that you either have no past refusals - or that you declared all past refusals in your application original.

Please is there any reliable lawyer you can recommend? Would be mostly grateful.

 

[k.h.p.]

Please is there any reliable lawyer you can recommend? Would be mostly grateful.

1. Were you refused a US or Canadian visa before?
2. What did you write in the initial application form where it asked you if you had been refused a visa before?
3. Why?
4. What did you say in your response to the procedural fairness letter?
5. How much are you willing to spend on an immigration lawyer who will tell you to wait 5 years before considering applying to Canada again?

 

[Shorlarh24]

1. Were you refused a US or Canadian visa before?
2. What did you write in the initial application form where it asked you if you had been refused a visa before?
3. Why?
4. What did you say in your response to the procedural fairness letter?
5. How much are you willing to spend on an immigration lawyer who will tell you to wait 5 years before considering applying to Canada again?

1- Yes
2- mistakenly filled No, it was never intentional
3- it was never intentional
4- I explained it was an error while I was filling the form and filled out the information when I was refused.
5- I definitely don’t want to pay to get that j should apply after 5 years.

 

[k.h.p.]

1- Yes
2- mistakenly filled No, it was never intentional
3- it was never intentional
4- I explained it was an error while I was filling the form and filled out the information when I was refused.
5- I definitely don’t want to pay to get that j should apply after 5 years.

Unfortunately, just saying "it wasn't intentional" won't get you out of this. There is no clear and overriding error in this case. You can't get out of the five year ban without an error on the part of IRCC, which you'd have to pay a lawyer handsomely to apply for judicial review. Since you admit it was a mistake, there is nothing for the courts to review, and you'd be refused - and on the hook for legal fees.

I'd encourage you to wait out the five years.

 

[scylla]

1- Yes
2- mistakenly filled No, it was never intentional
3- it was never intentional
4- I explained it was an error while I was filling the form and filled out the information when I was refused.
5- I definitely don’t want to pay to get that j should apply after 5 years.

Based on this information, there is no point appealing - and appeal will not be successful. You failed to declare a refusal in your original application and were correctly refused and given a misrepresentation ban. The fact you explained the misrepresentation after you were caught is irrelevant. Appealing this decision will be a waste of time and money.

 

[Shorlarh24]

Unfortunately, just saying "it wasn't intentional" won't get you out of this. There is no clear and overriding error in this case. You can't get out of the five year ban without an error on the part of IRCC, which you'd have to pay a lawyer handsomely to apply for judicial review. Since you admit it was a mistake, there is nothing for the courts to review, and you'd be refused - and on the hook for legal fees.

I'd encourage you to wait out the five years.

Thank you

 

[Shorlarh24]

Based on this information, there is no point appealing - and appeal will not be successful. You failed to declare a refusal in your original application and were correctly refused and given a misrepresentation ban. The fact you explained the misrepresentation after you were caught is irrelevant. Appealing this decision will be a waste of time and money.

Thank you