need expert opinion-refusal letter

[ehsaanqureshi]

Hello all,
I received refusal letter with following notes:


"Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• 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.
• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on your current employment situation.
• You were not able to demonstrate that you will be able to adequately perform the work you seek.

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."

Unfortunately, my consultant in canada misguided me and i received this letter. following are my questions:

1. Can i appeal to remove ban?
2. At the end they wrote that i can reapply but didn't give any time frame. what does that mean. another consultant in canada said yes you can reapply right now.
3. What are the success chances of appeal?
4. What will be the cost of appeal?

thanks in advnace

 

[Naturgrl]

Hello all,
I received refusal letter with following notes:


"Thank you for your interest in working in Canada. After careful review of your work permit application and supporting documentation under the Temporary Foreign Worker Program, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• 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.
• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on your current employment situation.
• You were not able to demonstrate that you will be able to adequately perform the work you seek.

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."

Unfortunately, my consultant in canada misguided me and i received this letter. following are my questions:

1. Can i appeal to remove ban?
2. At the end they wrote that i can reapply but didn't give any time frame. what does that mean. another consultant in canada said yes you can reapply right now.
3. What are the success chances of appeal?
4. What will be the cost of appeal?

thanks in advnace

1. Depends. What did you do? What was the job? When did you get this letter as you only have a certain period of time to respond. You really need a Canadian immigration lawyer.
2. You need to respond to the reasons for refusal. Only then can you reapply if the ban is overturned. The other consultant is wrong, you can’t reapply if you haven’t even address the ban.
3. Depends on what was done.
4. A Canadian lawyer will cost $8-10k.

 

[ehsaanqureshi]

1. Depends. What did you do? What was the job? When did you get this letter as you only have a certain period of time to respond. You really need a Canadian immigration lawyer.
2. You need to respond to the reasons for refusal. Only then can you reapply if the ban is overturned. The other consultant is wrong, you can’t reapply if you haven’t even address the ban.
3. Depends on what was done.
4. A Canadian lawyer will cost $8-10k.

Unfortunately i was held responsible for consultant mishandling of case and mistake, a fraudulent document due to misguidance by him. i have arranged employment in canada with positive LMIA. job was automobile repair shop manager. i received this refusal letter on 26th January 2022.

 

[Naturgrl]

Unfortunately i was held responsible for consultant mishandling of case and mistake, a fraudulent document due to misguidance by him. i have arranged employment in canada with positive LMIA. job was automobile repair shop manager. i received this refusal letter on 26th January 2022.

A procedural fairness letter is extremely serious and you need a Canadian lawyer to appeal this given that your consultant included fraudulent documents. This is your only chance to respond and give a detailed response with documentation to why the ban should be overturned. You can’t say your consultant did it because you signed the forms.

Does the letter give a time for a response as it is usually within 30 days? If you are willing to pay a Canadian lawyer, you can click above “Cohen Immigration Law” as they moderate this forum. If you want to do it on your own then gather all your documents and submit a detailed response to why you included (not your consultant) fraudulent documents. Officers will be justified that they made the correct decision.

 

[ehsaanqureshi]

A procedural fairness letter is extremely serious and you need a Canadian lawyer to appeal this given that your consultant included fraudulent documents. This is your only chance to respond and give a detailed response with documentation to why the ban should be overturned. You can’t say your consultant did it because you signed the forms.

Does the letter give a time for a response as it is usually within 30 days? If you are willing to pay a Canadian lawyer, you can click above “Cohen Immigration Law” as they moderate this forum. If you want to do it on your own then gather all your documents and submit a detailed response to why you included (not your consultant) fraudulent documents. Officers will be justified that they made the correct decision.

By the way above is refusal letter. I received procedural fairness letter on 12th January, 2022 and responded them with all necessary documents and admit my mistake and spoke truth and they sent me refusal letter on 26th January, 2022.

 

[Naturgrl]

By the way above is refusal letter. I received procedural fairness letter on 12th January, 2022 and responded them with all necessary documents and admit my mistake and spoke truth and they sent me refusal letter on 26th January, 2022.

So did you PFL letter on January 12 state a ban too?

So you have been banned already. You can hire a lawyer to see what to do. A PFL‘s purpose is for officers to show that they didn’t make an error in their decision. If you admitted your mistake and said documents were fake then officers were right in their assessment. It will be difficult to overturn a ban when you say that the documents were fake.

 

[ehsaanqureshi]

So did you PFL letter on January 12 state a ban too?

So you have been banned already. You can hire a lawyer to see what to do. A PFL‘s purpose is for officers to show that they didn’t make an error in their decision. If you admitted your mistake and said documents were fake then officers were right in their assessment. It will be difficult to overturn a ban when you say that the documents were fake.

Yes, PFL state ban. so is there any possibility in this scenario to overturned ban and what are other possibilities? and what are the chances of success if i hire immigration lawyer.

 

[Naturgrl]

Yes, PFL state ban. so is there any possibility in this scenario to overturned ban and what are other possibilities? and what are the chances of success if i hire immigration lawyer.

An overturn will be a difficult since you admitted submitting fake documents. An overturn doesn’t mean you get a work permit and can work in Canada. It just means you are not banned from Canada. Again you need to talk to a lawyer about success as you seem to have responded to PFL and received a final notice that you are banned.

 

[ehsaanqureshi]

An overturn will be a difficult since you admitted submitting fake documents. An overturn doesn’t mean you get a work permit and can work in Canada. It just means you are not banned from Canada. Again you need to talk to a lawyer about success as you seem to have responded to PFL and received a final notice that you are banned.

thanks

 

[scylla]

Unfortunately i was held responsible for consultant mishandling of case and mistake, a fraudulent document due to misguidance by him. i have arranged employment in canada with positive LMIA. job was automobile repair shop manager. i received this refusal letter on 26th January 2022.

I don't think you will have any real chance of overturning the misrepresentation ban in that case. Your application included fraudulent documents so the ban was correctly applied. IRCC holds the applicant responsible regardless of who completed and submitted the application. Even if there is an agent or consultant involved, the onus is on the applicant to ensure the application is complete and accurate.

As said above, you can certainly hire a lawyer in Canada to try to get the ban overturned. However in my opinion, this is most likely a waste of money.

Goodl luck.