Hi Everyone,
I am sponsoring my parents to come to Canada. Immigration requested twice of medical exam and police certificate for my adopted-brother ( who will not be a dependent anymore on June 30, 2020). My adopted-brother refused to submit or comply because he has estranged from the family. We have sent out letters twice saying he refused to submit the documents and will not come to canada with my parents. But my mum received a procedural fairness letter a week ago:
"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 may 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 have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states that 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.
We have determined that your adopted son, XXX(my adopted- brother), is your eligible family member, and thus, he has to be examined. He was requested to provide police certificate and to undergo medical examination in order for us to make an admissibility assessment on him. You were informed that if this office did not receive the required documents from you, your application would be assessed on the basis of the information that was already before the officer. You were warned that failure to provide the additional information may result in the refusal of your application. To this date, we have not received the documents as requested. You indicated in your emails that XXX(my adopted- brother ) refused to comply with our request and that he will no longer be your dependant after he turns 22 on June 30, 2020. However, I would like to make it clear to you that XXX(my adopted- brother ) was below the age of 22 on the lock-in date of your application, he remains as your eligible family member and has to be examined even though he will not accompany you to immigrate to Canada and even though he will turn 22 on June 30, 2020. Subsection 70 (1)(e) of the Immigration and Refugee Protection Regulations provides that an officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that the foreign national and their family members, whether accompanying or not, are not inadmissible.
In the absence of XXX(my adopted- brother ) ‘s complete medical examination and PRC police certificate, I have concerns that you are unable to establish that XXX(my adopted- brother ) is not medically or criminally inadmissible. As a result, I have concerns that you do not meet the requirements of the Act and Regulations to be issued a permanent resident visa. I would like to give you an opportunity to respond to this information. Alternatively, if you and your family determine that you are not ready for immigration to Canada, you can withdraw your application"
We have tried to reach him but he did not answer phone calls or text messages. My mum also received a letter requesting another document from my step-dad, and this letter was sent the same as the procedural refusal letter. We thought if immigration is planning to refuse our applicacation, why bother asking for further document from my step-dad? Any suggestions will be helpful! Thank you!
I am sponsoring my parents to come to Canada. Immigration requested twice of medical exam and police certificate for my adopted-brother ( who will not be a dependent anymore on June 30, 2020). My adopted-brother refused to submit or comply because he has estranged from the family. We have sent out letters twice saying he refused to submit the documents and will not come to canada with my parents. But my mum received a procedural fairness letter a week ago:
"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 may 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 have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states that 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.
We have determined that your adopted son, XXX(my adopted- brother), is your eligible family member, and thus, he has to be examined. He was requested to provide police certificate and to undergo medical examination in order for us to make an admissibility assessment on him. You were informed that if this office did not receive the required documents from you, your application would be assessed on the basis of the information that was already before the officer. You were warned that failure to provide the additional information may result in the refusal of your application. To this date, we have not received the documents as requested. You indicated in your emails that XXX(my adopted- brother ) refused to comply with our request and that he will no longer be your dependant after he turns 22 on June 30, 2020. However, I would like to make it clear to you that XXX(my adopted- brother ) was below the age of 22 on the lock-in date of your application, he remains as your eligible family member and has to be examined even though he will not accompany you to immigrate to Canada and even though he will turn 22 on June 30, 2020. Subsection 70 (1)(e) of the Immigration and Refugee Protection Regulations provides that an officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that the foreign national and their family members, whether accompanying or not, are not inadmissible.
In the absence of XXX(my adopted- brother ) ‘s complete medical examination and PRC police certificate, I have concerns that you are unable to establish that XXX(my adopted- brother ) is not medically or criminally inadmissible. As a result, I have concerns that you do not meet the requirements of the Act and Regulations to be issued a permanent resident visa. I would like to give you an opportunity to respond to this information. Alternatively, if you and your family determine that you are not ready for immigration to Canada, you can withdraw your application"
We have tried to reach him but he did not answer phone calls or text messages. My mum also received a letter requesting another document from my step-dad, and this letter was sent the same as the procedural refusal letter. We thought if immigration is planning to refuse our applicacation, why bother asking for further document from my step-dad? Any suggestions will be helpful! Thank you!
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