my file for permamnet residence was rejected. how to file an appeal

[Tahere]

dear friends
i have a question. i applied for permanent residence in canada in 2010 and i hired a representative for my case. unfortunately she hasnt been informed by email or anything about my document update and the office has mistakenly sent the letter for document update to my residential address but we never received that. now they have rejected our file for misrepresentation .the date for updating documents was april 14th and july 1st 2014. and the have rejected the file on 26th of november 2014. i cancelled my representative becuz they wouldnt answer my emails in which i was aking why i havent been informed about documents update. finally i cancelled her and was shockingly informed about my file rejection. what should i do now? please help me.

 

[zardoz]

dear friends
i have a question. i applied for permanent residence in canada in 2010 and i hired a representative for my case. unfortunately she hasnt been informed by email or anything about my document update and the office has mistakenly sent the letter for document update to my residential address but we never received that. now they have rejected our file for misrepresentation .the date for updating documents was april 14th and july 1st 2014. and the have rejected the file on 26th of november 2014. i cancelled my representative becuz they wouldnt answer my emails in which i was aking why i havent been informed about documents update. finally i cancelled her and was shockingly informed about my file rejection. what should i do now? please help me.

You will need to show us the rejection letter where it mentions misrepresentation. Remove personal names etc first.

 

[scylla]

dear friends
i have a question. i applied for permanent residence in canada in 2010 and i hired a representative for my case. unfortunately she hasnt been informed by email or anything about my document update and the office has mistakenly sent the letter for document update to my residential address but we never received that. now they have rejected our file for misrepresentation .the date for updating documents was april 14th and july 1st 2014. and the have rejected the file on 26th of november 2014. i cancelled my representative becuz they wouldnt answer my emails in which i was aking why i havent been informed about documents update. finally i cancelled her and was shockingly informed about my file rejection. what should i do now? please help me.

If your representative failed to act on letters/emails she was sent by CIC asking for document updates - then an appeal will not be successful. You cannot appeal based on the fact that your representative did not do her job. Based on the information you have provided, it sounds like your application was correctly refused because your representative did not do her job and did not respond to the inquiries CIC sent. You would be better off reapplying under Express Entry rather than appealing. Appealing only works if CIC made all of the mistakes. And is sounds like your representative was the one who made most if not all of the mistakes.

 

[Tahere]

the letter goes like this:
subsection 16 (1) of the immigration and refugee protection act states that a person who makes an application must answer truthfully all the questions put to them for the purpose of examination and must produce a visa and all relevant documents and all relevant evidence and document that the officer reasonably require. you were asked by letter of 14 April and 1 July 2014 to provide updated contact details given the revocation of your representative. To date we have received no communication from you.
Subsection 11 (1) of the Act provides that a foreign national must before entering Canada reply to an officer for a visa or any other documents required by the regulation. The visa or document shall be issued if , following an examination, the officer is satisfied that the foreign national is admissible and meets the requirement of this Act.
You have not provided the document that was requested. In the absence of the required documents i am not satisfied that you are not inadmissible and that you meet the requirement of the ACt. I am therefore refusing your application.


This was the complete letter i received a couple of weeks ago.First i had never cancelled my representative so why i should have been asked to provide updated contact?why they thought that i had cancelled her while i hadnt. the point is many months ago i wrote them many letters expressing my worries about not receiving any notice for updating my documents. they wrote that they can't reveal any information since my email address is not in the documents( i had a representative). so it shows a contradict.
Plus i have never received any letters from the offive whether through email or mail. i can prove that by getting a letter from the post office confirming what i say.
I have been waiting for more than four years for my immigration and i am so helpless now.i would do anything needed to prove my innocence regarding this. Please guide me. Thank you

 

[MrB]

You might have a case, even though the time limit to file a judicial review has been exceeded. My suggestion is that you consult with a good lawyer to know what your options are. I would also suggest you write a compassionate letter explaining your situation with your representative and politely request an administrative review since you did not cancel your use of representation like they mentioned.

 

[Tahere]

Thank you for your kind reply.
I received this letter in March 2015 but the letter has been issued on november 24th 2014. do i still have a chance of winning the case? my representative says she would file an appeal . do you think this will work now?is there any other option ahead of me?
thank you very much

 

[ABscientist]

Before you go on a case, how about write a polite letter explaining what happened and ask them to reconsider the case? They probably will reconsider it and it doesnt hurt to write such a letter.

 

[zardoz]

Contrary to your very first post in this thread, I see no mention of you being accused of misrepresentation, which is a very specific offence. Could you please clarify the situation?

 

[Tahere]

Dear Zardos
i made a mistake in interpreting the letter. i apologize for that.

 

[scylla]

Thank you for your kind reply.
I received this letter in March 2015 but the letter has been issued on november 24th 2014. do i still have a chance of winning the case? my representative says she would file an appeal . do you think this will work now?is there any other option ahead of me?
thank you very much

Are you saying that CIC sent the letter in November but that your representative didn't give it to you until March?

 

[Tahere]

No. the CIC have made a mistake in sending me the letter becuz they were not supposed to do so . i had a representative and cic was supposed to contact her for any request. moreove, the CIC never contacted her or me through email for document update request. they onle had sent a letter to my residential address which never arrived. i can prove it by providing some documents proving that i have never had any letter from CIC. i sent the officer a letter explaining everything but he said he wouldnt reopen my case and he would not reply any other letters from me.He even didnt let me prove that i have never received any letters from them and that they werent supposed to send me the letter while i had already had my representative for taking care of my case.what they did to me is really unfair.
please tell me what should i do? should i send an appeal? go to court? ....
thank you very much for your kind help.

 

[OP_POP]

No. the CIC have made a mistake in sending me the letter becuz they were not supposed to do so . i had a representative and cic was supposed to contact her for any request. moreove, the CIC never contacted her or me through email for document update request. they onle had sent a letter to my residential address which never arrived. i can prove it by providing some documents proving that i have never had any letter from CIC. i sent the officer a letter explaining everything but he said he wouldnt reopen my case and he would not reply any other letters from me.He even didnt let me prove that i have never received any letters from them and that they werent supposed to send me the letter while i had already had my representative for taking care of my case.what they did to me is really unfair.
please tell me what should i do? should i send an appeal? go to court? ....
thank you very much for your kind help.

How can you prove that you never received any letter from CIC?

 

[Tahere]

i can prove it by showing them a letter from the main post office confirming that no letter has ever arrived from CIC.

 

[neutral]

You don't have to prove that since you've a representative, you aren't supposed to receive anything from CIC.

 

[scylla]

You don't have to prove that since you've a representative, you aren't supposed to receive anything from CIC.

Agreed. All letter would have been received by your representative.