Need Urgent Help - Inadmissibility Notice - 30 Days for representation

[ITguyIndia]

Please help Senior Members,

Career of my sibling is at stake and i need your urgent help. Below are the details of the situation -

1) I am a Canadian PR, working and settled here
2) My sister lives in India and has completed her BDS (Bachelor of Dental Surgery)
3) While she was in her final year, In April last year, we applied for her visitor visa to Canada for tourism purpose to visit me for 2 weeks. This was the first visa of any country ever applied for her. The visa was rejected with the reason - "Unsatisfactory travel history, purpose of visit and personal assets and financial status"

4) After finishing her BDS, my sister started preparing for NBDE Exam for admission to a DDS program in US. This exam is only conducted in US & Canada. So, we applied for her US Visitor visa with reason of travel to appear for this exam. We provided the exam appointment letter with the application. The US Visa was rejected with the reason - "You were not able to demonstrate that your intended activities in the US would be consistent with the classification of the visa you applied for. You have not demonstrated that you have strong ties that will compel you to return back to your home country after visit to US"

5) After US visa refusal, we had only one last option left to try Canada visitor visa once again to appear for the exam in Toronto. We re-applied for Canada visitor visa in November last year with all supporting documents. Also, we rescheduled the NBDE exam in Toronto and attached the appointment letter with the application.

6) In the section of TRV application form, background information section, a question asked was - Have you ever been refused visa or entry into Canada or any country. By oversight we read the question as only being asked for Canada and provided the information only about earlier Canada visa refusal and did not mention about the US visa denial

7) Now we have got letter from Canadian consulate that they have strong grounds to believe that we tried to hide information about US visa refusal and if it is found to be true, then my sister can be banned from entry into Canada for a period of 5 years. They have given us 30 days to represent in this regard.

It was really an oversight and not an intentional mis-representation. Please suggest how to reply back to them, my sister's career is at stake

Best Regards

 

[Bryanna]

Hi,

Time is of the essence now.... the situation which your sister is facing is quite serious because she failed to disclose a US visa refusal.

Please consult a law firm that handles cases pertaining to misrepresenting or withholding of material facts as per subsection 40(1)(a) of the IRPA (Canada's Immigration and Refugee Protection Act).

I would, in fact, suggest you quickly consult a Canada-based law firm/attorney that has considerable experience and knowledge of such matters.... and not a India-based lawyer.


Hope this helps. All the best

 

[scylla]

I doubt a lawyer will be able to help you. I think you will end up spending a few thousand dollars for no reason and will still have the same result in the end. Your sister was correctly refused and the misrepresentation finding correctly applied because she failed to mention her US refusal. It doesn't matter whether this was a mistake or intentional. By submitting this information she was declaring it all to be accurate.

 

[Bryanna]

Scylla

You're right. To disprove misrepresentation for not disclosing material facts is almost impossible.... even if it was unintentional and a genuine mistake. A ban for misrepresentation is inevitable.

Having stated this, as the applicant must reply to the letter from the Visa Office within 30 days.... having an attorney would help as the attorney is better qualified to draft the reply, the legal issues and future implications instead of the applicant. These are just my views

 

[scylla]

Having stated this, as the applicant must reply to the letter from the Visa Office within 30 days.... having an attorney would help as the attorney is better qualified to draft the reply, the legal issues and future implications instead of the applicant. These are just my views

The 30 days that CIC has provided is not the time provided to the applicant to explain why the left the US refusal off the application. The 30 days is the time the applicant has to prove that CIC was wrong in their finding and that the applicant was never refused a US visa and therefore the information on their application was correct.

Having said that, they can certainly try explaining why the US visa wasn't mentioned and see what happens.