+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

previous refusal forgot to mention worried about the ban

sunnpy6

Newbie
Nov 2, 2019
4
0
my wife is in Canada on student visa.She is 4 months pregnant.while i was preparing my file my wife went to the depression and have stress problems. she was so much tense and i was so much worry that i filled the Information wrong and i skipped the refusal part i have two refusals and i forgot to mention mention one of them which was from Australia of refugee visa. i mention the other ones and missed the other things also on the forms. Now i got reply from immi that i have to mention why i missed that information and explain with the documents. and they said they are giving me the another chance to fix it. so my concern is will there be a five yaer ban. i did not do the internally i can explain with the proofs from my side and my wife's side that she was having symptoms of miscarriage and was in severe pain her doctor has also mention in the certificate that she was having very rough and painful moments.which made me skip to mention refusal. do not know what to do now we are in deep trouble my wife is alone there with all the negative thoughts. please help. i do not have much time.after 4 years of infertility my wife got pregnant just few days before her flight and we came to know after 3 weeks of her arrival in Toronto. her pregnancy is going to be very complicated said by the doctor she has endometriosis cysts on both side. please help me.

This is the reply form immigration.

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.


I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:


16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.


You have failed to disclose complete answers in your statutory questions, namely your refugee claim in the country of Australia. Explain why this information was not provided, and provide copies of documentation you have to support your response, which may include copies of refusal letters or other correspondence. I am concerned this misrepresentation was liable to induce an error in the application of the Immigration and Refugees Protection Act.


Please note that if it is found that you have engaged in misrepresentation in submitting your application for a work permit, you may be found to be inadmissible under Section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):


40(1) A permanent resident or a foreign national is inadmissible for misrepresentation

(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


40(2) The following provisions govern subsection (1):


(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.


I would like to give you an opportunity to respond to this information. I will afford you 30 days from the receipt of this letter to make any representations in this regard. Please email your scanned documents.
Please indicate your file number in the subject line.


If you do not respond to this request within the time outlined above, your application will be refused.
 

Buletruck

VIP Member
May 18, 2015
6,686
2,531
Unfortunately, you’ve received a Procedural Fairness Letter (PFL) for failing to include your failed refugee claim in Australia. At this point, IRCC is aware of the information you failed to provide in the application. From your post, you mentioned one refusal, yet failed to include the other, so IRCC will want to understand why that information was not provided. You mention, understandably, being stress, but still managed to include one refusal. In IRCCs view you deliberately withheld that in order to gain entry to Canada. The VO now needs you to explain why you managed to include one, but not the other. Simply saying you were stressed doesn’t clearly identify how one refusal was included yet the other more significant refusal wasn’t. You are in a tough situation. I would strongly recommend you work with a very good immigration lawyer familiar with PFLs if you want any chance of avoiding the 5 year ban. A simple “I forgot” won’t suffice at this point.
You should expect as a minimum your visa will be refused even if you manage to avoid the ban and your chances of a new application will being approved are extremely limited with a previous refugee claim. Your efforts should be on avoiding a ban, as that will exempt you from any form of immigration (TRV, student visa, work permit, spousal sponsorship, refugee, etc) to Canada for 5 years.
 
  • Like
Reactions: sunnpy6

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
my wife is in Canada on student visa.She is 4 months pregnant.while i was preparing my file my wife went to the depression and have stress problems. she was so much tense and i was so much worry that i filled the Information wrong and i skipped the refusal part i have two refusals and i forgot to mention mention one of them which was from Australia of refugee visa. i mention the other ones and missed the other things also on the forms. Now i got reply from immi that i have to mention why i missed that information and explain with the documents. and they said they are giving me the another chance to fix it. so my concern is will there be a five yaer ban. i did not do the internally i can explain with the proofs from my side and my wife's side that she was having symptoms of miscarriage and was in severe pain her doctor has also mention in the certificate that she was having very rough and painful moments.which made me skip to mention refusal. do not know what to do now we are in deep trouble my wife is alone there with all the negative thoughts. please help. i do not have much time.after 4 years of infertility my wife got pregnant just few days before her flight and we came to know after 3 weeks of her arrival in Toronto. her pregnancy is going to be very complicated said by the doctor she has endometriosis cysts on both side. please help me.

This is the reply form immigration.

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.


I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:


16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.


You have failed to disclose complete answers in your statutory questions, namely your refugee claim in the country of Australia. Explain why this information was not provided, and provide copies of documentation you have to support your response, which may include copies of refusal letters or other correspondence. I am concerned this misrepresentation was liable to induce an error in the application of the Immigration and Refugees Protection Act.


Please note that if it is found that you have engaged in misrepresentation in submitting your application for a work permit, you may be found to be inadmissible under Section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):


40(1) A permanent resident or a foreign national is inadmissible for misrepresentation

(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


40(2) The following provisions govern subsection (1):


(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.


I would like to give you an opportunity to respond to this information. I will afford you 30 days from the receipt of this letter to make any representations in this regard. Please email your scanned documents.
Please indicate your file number in the subject line.


If you do not respond to this request within the time outlined above, your application will be refused.
Don't create new profiles and post the same thing.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/1.661982/#post-8273920
 

sunnpy6

Newbie
Nov 2, 2019
4
0
my wife is in Canada on student visa.She is 4 months pregnant.while i was preparing my file my wife went to the depression and have stress problems. she was so much tense and i was so much worry that i filled the Information wrong and i skipped the refusal part i have two refusals and i forgot to mention mention one of them which was from Australia of refugee visa. i mention the other ones and missed the other things also on the forms. Now i got reply from immi that i have to mention why i missed that information and explain with the documents. and they said they are giving me the another chance to fix it. so my concern is will there be a five yaer ban. i did not do the internally i can explain with the proofs from my side and my wife's side that she was having symptoms of miscarriage and was in severe pain her doctor has also mention in the certificate that she was having very rough and painful moments.which made me skip to mention refusal. do not know what to do now we are in deep trouble my wife is alone there with all the negative thoughts. please help. i do not have much time.after 4 years of infertility my wife got pregnant just few days before her flight and we came to know after 3 weeks of her arrival in Toronto. her pregnancy is going to be very complicated said by the doctor she has endometriosis cysts on both side. please help me.

This is the reply form immigration.

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.


I am not satisfied that you have fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:


16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.


You have failed to disclose complete answers in your statutory questions, namely your refugee claim in the country of Australia. Explain why this information was not provided, and provide copies of documentation you have to support your response, which may include copies of refusal letters or other correspondence. I am concerned this misrepresentation was liable to induce an error in the application of the Immigration and Refugees Protection Act.


Please note that if it is found that you have engaged in misrepresentation in submitting your application for a work permit, you may be found to be inadmissible under Section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):


40(1) A permanent resident or a foreign national is inadmissible for misrepresentation

(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


40(2) The following provisions govern subsection (1):


(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.


I would like to give you an opportunity to respond to this information. I will afford you 30 days from the receipt of this letter to make any representations in this regard. Please email your scanned documents.
Please indicate your file number in the subject line.


If you do not respond to this request within the time outlined above, your application will be refused.
after applied for refugee in australia i came back to india without even knowing the result. i never ever get the refusal letter. it was with the one of the immi agent. i never had any contact with him due to circumstances back home my father expired with heart attack and i came back with no information.will that reason be alright if we mention it in full details...with proofs. thanks in advance...
 

sunnpy6

Newbie
Nov 2, 2019
4
0
Unfortunately, you’ve received a Procedural Fairness Letter (PFL) for failing to include your failed refugee claim in Australia. At this point, IRCC is aware of the information you failed to provide in the application. From your post, you mentioned one refusal, yet failed to include the other, so IRCC will want to understand why that information was not provided. You mention, understandably, being stress, but still managed to include one refusal. In IRCCs view you deliberately withheld that in order to gain entry to Canada. The VO now needs you to explain why you managed to include one, but not the other. Simply saying you were stressed doesn’t clearly identify how one refusal was included yet the other more significant refusal wasn’t. You are in a tough situation. I would strongly recommend you work with a very good immigration lawyer familiar with PFLs if you want any chance of avoiding the 5 year ban. A simple “I forgot” won’t suffice at this point.
You should expect as a minimum your visa will be refused even if you manage to avoid the ban and your chances of a new application will being approved are extremely limited with a previous refugee claim. Your efforts should be on avoiding a ban, as that will exempt you from any form of immigration (TRV, student visa, work permit, spousal sponsorship, refugee, etc) to Canada for 5 years.

after applied for refugee in australia i came back to india without even knowing the result. i never ever get the refusal letter. it was with the one of the immi agent. i never had any contact with him due to circumstances back home my father expired with heart attack and i came back with no information.will that reason be alright if we mention it in full details...with proofs. thanks in advance...
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
after applied for refugee in australia i came back to india without even knowing the result. i never ever get the refusal letter. it was with the one of the immi agent. i never had any contact with him due to circumstances back home my father expired with heart attack and i came back with no information.will that reason be alright if we mention it in full details...with proofs. thanks in advance...
It doesn't matter if you didn't know you were refused. You knew you made a refugee claim in Australia and didn't mention it.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Is your wife attending her school with all these complications? If not that could be a bigger issue unless she has been given permission to take a leave of absence. Since she has just started she may have been encouraged to withdraw. Your wife will need to decide whether she is able to go through the pregnancy alone or it may be best for her to return home. Pregnancy is not something that will influence an approval or will override a ban.