raj11 said:
Dear Qorax
Please clear some of the doubts that I have regarding my GCMS notes which I received it today. The following was mentioned in the Notes section at the last pages of the GCMS notes as it contains total of 38 pages. I will paste the notes and it is given below
PA-PLS REQUEST THE FOLLOWING document immediately: -Australian PCC for spouse PENDING: - REVIEW of Spouse's Australian PCC –PPTs(old&new) * 3 –MEDS * 3 –RPRF * 2 ____________ PA has PROVISIONALLY obtained sufficient points to satisfy me that he/she will be able to become economically established in Canada, on the condition of NO NEW ADVERSE INFORMATION. File pending verification for A.40, and/or possible interview or negative substituted evaluation.
1). What is meant by File pending verification for A.40?
2). What is meant by negative substituted evaluation?
Please clarify these questions for me and it is a kind request that give your suggestions and ideas about my GCMS report.
When I filled the form for work experience I mentioned my client companies and I didn't mention my Parent Company. When I sent the full documents to NewDelhi I sent the experience letter given by my Parent Company. So is that a issue that they have doubt regarding my documents about work experience. Please clarify the doubts that I have. Now I have sent a Case Speicific Enquiry mail to them that I had forgot to mention my Parent Company in the document that I had sent to the visa office. Could you please give an idea what would be the outcome.
It would be really appreciable if you could spend some precious time of u'rs in clarifying my doubts as mentioned above.
Regards,
Raj.
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Misrepresentation
According to Subsection 40(1) of the IRPA, a PR 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 the IRPA [according to the Immigration Manual, admissibility for misrepresentation occurs only if it is material; the misrepresentation must affect the process undertaken by or the final decision of the immigration officer];
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 the claim for refugee protection by the permanent resident or the foreign national; or
d) On ceasing to be a Canadian citizen, in the circumstances set out in Subsection 10(2) [which deals with retention, renunciation and resumption of citizenship by false representation or fraud or by knowingly concealing material circumstances] of the Citizenship Act.
However, according to Section 22 of the IRPR, persons who have claimed refugee protection, if disposition of the claim is pending, and persons who have been granted refugee protected are exempted from the application of this ground of inadmissibility. In addition, according to the Immigration Manual, the misrepresentation provisions do not apply to family members of persons granted refugee protection who are living abroad.
Application and Duration of Misrepresentation Ground
According to Subsection 40(2) of the IRPA:
a) The permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under Subsection 40(1) [i.e. the date of the refusal letter] or, in the case of a determination in Canada, the date the removal order is enforced [according to Section 49 of the IRPA, a removal order comes into force on the latest of the following dates, except in respect of a refugee protection claimant: (i) the day the removal order is made, if there is no right of appeal; (ii) the day the appeal period expires, if there is a right to appeal but no appeal is made; and (iii) the day of final determination of the appeal, if an appeal is made]; and
b) Paragraph 40(1)(b) of the IRPA does not apply unless the Minister of Immigration is satisfied that the facts of the case justify the inadmissibility.
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Q.1). What is meant by File pending verification for A.40?
A.
Ur IO has certain concerns about ur filing/docs/responses and would like to verify those by external agencies, or total reAssessment, or thru interview.
Q.2). What is meant by negative substituted evaluation?
A.
S/he may use his/her discretion during the process... s/he would use 'other' evidences (mostly documentary) to evaluate ur "claims"... if that 'works out' - it would be a "positive substituted evaluation", if not - then it'd be a "negative substituted evaluation".
BTW, u r likely to be headed for an interview.
Qorax
