Ban for 5 years, 40(1)a clause.

[Anjelena]

Hi all,
I have been banned for five years but in refusal letter only 40(1)a clause was marked on further contacting immigration office they specified that i am banned for five year. Can I file complaint against this?. And can my wife apply for PR card even if i am banned? Please help.

 

[scylla]

You can try filing an appeal with the help of a lawyer if you feel the misrepresentation finding is incorrect. Whether or not it's worth appealing would depend on why the misrepresentation finding was made.

I don't know how this would impact your wife's PR application.

 

[Landing_PR]

Normally if you're banned, it's without an appeal (meaning you will not be able to appeal the ban). Even if you applied for PR after the ban was in place, they will reject your application. It's not worth reapplying.

Best to talk to a qualified lawyer.