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singh83

Member
May 18, 2016
10
0
Hi!
I need a help in understanding the rejection cause for my parents visa, inspite of providing all the correct documents n information. Also they both are having a strong travel history and recently they also have got US visa.

the reason mention is On misrepresentation: Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years
has not passed since your prior refusal.

Please can anyone help me on this....i really wanted to know on what grounds have the rejected the application, can i re-apply again???

there has been to false info or docs provided.

Also i didnt recieve any Procedural Fairness letter,nor they have been denied visa in any of the countries they have visited or anything saying that my parents cant apply for visitors visa till 5yrs from now.

the refusal letter we recievd is as follows

Dear
Thank you for your interest in visiting Canada. After a careful review of your temporary resident visa application
and supporting documentation, I have determined that your application does not meet the requirements of the
Immigration and Refugee Protection Act and Regulations. I am refusing your application.
In making a decision on an application, a number of factors are considered. These may include but are not
limited to:
• the information in the travel and identity documents;
• the reason for the travel to Canada;
• the person’s contacts in Canada;
• the person’s ties to his or her country of residence (including immigration status, employment and family
ties);
• the person’s ability to pay for the trip and to support himself or herself while in Canada;
• whether the person is likely to respect the conditions of his or her admission to Canada;
• whether the person is inadmissible to Canada; and
• whether the person would be likely to leave Canada at the end of his/her authorized stay.
To help you understand my decision, the reason(s) are provided on the following pages.
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.
Sincerely,
IMM 5621 (07-2015) E GCMS (DISPONIBLE EN FRANÇAIS - IMM 5621 F)
Citoyenneté et
Immigration Canada
Citizenship and
Immigration Canada
UCI:
Date:
Application no.:
IMM 5621 (07-2015) E GCMS
Citoyenneté et
Immigration Canada
Citizenship and
Immigration Canada
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that any person wishing to
become a temporary resident of Canada must satisfy an officer that he or she is not inadmissible to Canada and
that she or he meets the requirements of the Act.
Following an examination of your application, I am not satisfied that you application meets the requirements of
the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked
off apply to the refusal of your application.
You have not satisfied me that you would leave Canada at the end of your stay as a temporary
resident. In reaching this decision, I considered several factors, including:
travel history
immigration status in country of residence
Family ties in Canada and in country of residence
Length of proposed stay in Canada
Purpose of visit
Employment prospects in country of residence
Current employment situation
Personal assets and financial status
Having a legitimate business purpose in Canada
any history of contravening the conditions of admission on a previous stay in Canada.
I am not satisfied that you have sufficient funds, including income or assets, to carry out your stated
purpose in going to Canada or to maintain yourself while in Canada and to effect your departure.
You have not provided sufficient documentation to support your / your host's income and assets.
You have made an application for a temporary resident visa in the transit visitor category. As you are
planning to remain in Canada longer than 48 hours, you do not meet the requirements of this
category. You must make an application for a temporary resident visa in the visitor category and pay
the associated cost recovery fees.
You have submitted documentation which lacks authenticity as part of your application. This has
diminished the overall credibility of your submission.
You have not complied with our request for information, as per section 16(1) of the Immigration and
Refugee Protection Act. To date, you have failed to comply with our request for:
Completion of a medical examination
An interview
The following documents: List the documents
I am not satisfied that you have answered all questions truthfully, as required by subsection 16(1) of
the Act. Specifically, I am not satisfied that the following information is truthful:
IMM 5621 (07-2015) E GCMS
Other reasons:
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)
IMM 5621 (07-2015) E GCMS
You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):
On security grounds for:
Section 34(1)(a): Engaging in an act of espionage or subversion against a democratic government,
institution or process as they are understood in Canada;
Section 34(1)(b): Engaging in or instigating the subversion by force of any government;
Section 34(1)(c): Engaging in terrorism;
Section 34(1)(d): Being a danger to the security of Canada;
Section 34(1)(e): Engaging in acts of violence that would or might endanger the lives or safety of
persons in Canada;
Section 34(1)(f): Being a member of an organization that there are reasonable grounds to believe
engages or will engage in acts referred to in paragraph (a), (b) or (c).
On grounds of violating human or international rights for:
Section 35(1)(a): Committing an act outside Canada that constitutes an offence referred to in sections 4
to 7 of the Crimes Against Humanity and War Crimes Act;
Section 35(1)(b): Being a prescribed senior official in the service of a government that, in the opinion of
the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or
genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the
Crimes Against Humanity and War Crimes Act;
Section 35(1)(c): Being a person, other than a permanent resident, whose entry into or stay in Canada
is restricted pursuant to a decision, resolution or measure of an international organization of states or
association of states, of which Canada is a member, that imposes sanctions on country against which
Canada has imposed or has agreed to impose sanctions in concert with that organization or
association.
On grounds of serious criminality for:
Section 36(1)(a): Having been convicted in Canada of an offence under an Act of Parliament punishable
by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for
which a term of imprisonment of more that six months has been imposed;
Section 36(1)(b): Having been convicted of an offence outside Canada that, if committed in Canada,
would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment
of at least 10 years;
Section 36(1)(c): Committing an act outside Canada that is an offence in the place where it was
committed and that, if committed in Canada, would constitute an offence under an Act of Parliament
punishable by a maximum term of imprisonment of at least 10 years.
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)
Section 36(2)(a): Having been convicted in Canada of an offence under an Act of Parliament punishable by
way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
Section 36(2)(b): Having been convicted outside Canada of an offence that, if committed in Canada, would
constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single
occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
Section 36(2)(c): Committing an act outside Canada that is an offence in the place where it was committed
and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament;
Section 36(2)(d): Committing, on entering Canada, an offence under an Act of Parliament prescribed by
regulations.
On grounds of criminality for:
IMM 5621 (07-2015) E GCMS
On grounds of organized criminality for:
Section 37(1)(a): Being a member of an organization that is believed on reasonable grounds to be or
to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a
number of persons acting in concert in furtherance of the commission of an offence punishable under
an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside
Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is
part of such a pattern;
Section 37(1)(b): Engaging, in the context of transnational crime, in activities such as people
smuggling, trafficking in persons or money laundering.
On health grounds as your health condition:
Section 38(1): Is likely to be a danger to public health or to public safety, or might reasonably be
expected to cause excessive demand on health or social services.
For financial reasons:
Section 39: You are or will be unable or unwilling to support yourself or any other person who is
dependent on you, and have not satisfied an officer that adequate arrangements for care and support,
other that those that involve social assistance, have been made.
On misrepresentation:
Section 40(1)(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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years
has not passed since your prior refusal.
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years
has not passed since your prior refusal.
(DISPONIBLE EN FRANÇAIS - IMM 5621 F)

Can anyone please let me know as to what next , can we reapply, whts the exact reason of misrepresentation???
 
singh83 said:
the reason mention is On misrepresentation: Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years
has not passed since your prior refusal.

Can anyone please let me know as to what next , can we reapply, whts the exact reason of misrepresentation???

Were your parents rejected on a TRV or any other CIC application before?

It sounds like they are rejecting you because the 5-year ban for misrepresentation on a previous application has not passed.
 
No its for the first time they are applying for visa in canada..no previous such records,

is there any any chances for re applying
 
singh83 said:
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years has not passed since your prior refusal.

They clearly think that your parents received a 5-year ban after misrepresentation and that time period hasnt passed yet.

In my opinion, it seems unlikely that they would be wrong about that so you might want to talk to your parents about any previous applications they might have filed for Canada within the last 5 years.

Unless it is a mistake on their part and you can get it sorted out, you wont be able to apply again until the 5 year period is over.
 
my parents hv never ever applied any visa for canada. Also few months bck they had applied US visa which got approved for 10 yrs.
previously they have visited many countries on a tourist visa.

Also the reason for misrepresentation is not clearly mentioned,as to any missing form or wrong info added in form, or spelling error nothing is mentioned from theirside so m not very clear as to wht wrong info have been misrepresented.

And as far as their travel history goes the record is very clear.you cannot ban a prsn if at all the forms are not correctly filled n not enough documents provided. A criminal history /record is understood, but this is not actually acceptable.

Atleast send us a mail regarding any missing info or docs which can be provided within a stipulated time to overcome such things n get a visa.

shld i think of re-applying??
 
No way to know for sure the reason of refusal until you order the case notes:

http://www.visafile.info/



If you insist that they had not applied to Canada before, are you sure this is the selected reason for refusal in the letter?
 
do v need to pay for it

the checked off reason was Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years
has not passed since your prior refusal.
 
bellaluna said:
No way to know for sure the reason of refusal until you order the case notes:

http://www.visafile.info/



If you insist that they had not applied to Canada before, are you sure this is the selected reason for refusal in the letter?

Good point.

Maybe case notes are the best way to go for you as it would help you understand what the actual reason was.

It could be that they checked off the wrong reason by mistake and it was refused for a completely different issue and not a previous ban.

At least the case notes would give you something to go on.
 
thank you Andre_Smol n bellaluna for your guidance, will check all the details in visafile info and then get bck to you guyz.

thanks a ton
 
Hi,

Sorry to hear that your parents are inadmissible and they received a 5 years ban.

1. How did your parents apply for TRV? Online or paper submissions?

2. How long did it take to get a decision?


Apart from the oh-so-common reason of not declaring a previous visa refusal to Canada/another country.... there are other reasons which could make someone inadmissible:
- If they were refused entry to any country after visas were issued to them

- If someone in your immediate family is inadmissible to Canada

- If there any court cases or convictions against your dad/parents

- If your parents work in the armed forces/ police/ judiciary/ government (and there's some information that would work against them)

- If your parents have any serious medical condition

- Or DUI

- Or some serious financial problems


While the above reasons may not apply to your parents, do give it a thought and see if any of it is a ground that made them inadmissible.

As you did not receive any Procedural Fairness Letter, IMO it must be a ground which CIC had concrete evidence and no explanations were needed from the applicants


Cheers
 
its was done online by us on their behalf. and it took abt 19-20days.
Also the reasons you mention , none of them is related to my refusal. No previous refusal history for them. they have applied for the first time .
As for as financial problem is considered, we have mentioned that allexpenses will be looked by us. and not documents from their side were provided.

so wht could be d reason
 
Did they get passport requests?


Aside of applying for Canada.... do check with your parents if they have been refused visas or denied entry to ANY other country..... at any point in time (not just in the last 5 or 10 years).

Or if your parents worked with a political party?

Were your financial documents in order ie nothing borrowed?


Based on your posts, it seems quite unusual that CIC determined your parents are inadmissible.... without issuing any Procedural Fairness letters. You may want to talk to your parents about any of the other grounds which I have stated in my previous post
 
no dear..nthing of tht sort...never ever in life denied visa for any country.

financial doc were provided by us not them.

quite unusual..need to check the case file now..

will get bck to u guyz...thanksa lot
 
Do order GCMS Notes.... you can order it yourself:
http://www.cic.gc.ca/english/department/atip/requests-atip.asp


Hope there's some serious error in judgement.... and your parents were wrongly banned for 5 years
 
Strange.. how did she apply for a super visa without your knowledge? Wouldn't you have to provide info to her, being her son and all? I'm afraid there is not much you can do. And it is possible that the agent made more mistakes in the application than you are lead to believe.