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procedural fairness letter

zardoz

VIP Member
Feb 2, 2013
13,337
2,164
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I promised to keep you all updated . Unfortunately they have refused .my PR + 5 years ban for not declaring US and Canadian tourist visa. The refusal letter goes on to state that the officer wasn't satisfied with the reply given to procedural fairness letter .
I'm sorry for myself and those facing the same situation . My question is : is it possible to appeal this decision ? And what are the chances of winning ! My mistake was made by my lawyer who failed to ask me whether I was refused or not he assumed I have never been ( but I know that's not an excuse )
Thanks
The only possibility of a successful appeal is via judicial review, if and, realistically, only if, the visa office made an error in law.
This does not appear to be the case. You, unfortunately, are fully responsible for the lawyer's actions, from the IRCC’s perspective.
 

paddypsinghal

Full Member
Dec 4, 2018
23
5
I promised to keep you all updated . Unfortunately they have refused .my PR + 5 years ban for not declaring US and Canadian tourist visa. The refusal letter goes on to state that the officer wasn't satisfied with the reply given to procedural fairness letter .
I'm sorry for myself and those facing the same situation . My question is : is it possible to appeal this decision ? And what are the chances of winning ! My mistake was made by my lawyer who failed to ask me whether I was refused or not he assumed I have never been ( but I know that's not an excuse )
Thanks
Why your both tourist Visas got rejected. I guess just hiding is not the reason for banned but actually the reason of refusal visas.
 

Ikrait

Member
May 29, 2019
19
0
Visas were refused back in time for financial reasons . Not to mention that after one refusal of us visa I got us student visa issued . So no , the ban reason was only for not mentioning then
 

khan2019

Full Member
Jun 16, 2018
28
0
I promised to keep you all updated . Unfortunately they have refused .my PR + 5 years ban for not declaring US and Canadian tourist visa. The refusal letter goes on to state that the officer wasn't satisfied with the reply given to procedural fairness letter .
I'm sorry for myself and those facing the same situation . My question is : is it possible to appeal this decision ? And what are the chances of winning ! My mistake was made by my lawyer who failed to ask me whether I was refused or not he assumed I have never been ( but I know that's not an excuse )
Thanks
Sorry for ur refusal. Go for judicial review by hiring a good lawyer.
Can u plz let me know when ur US visa was refused and also can u share ur timeline like when had sent ur documents for PR I.e acknowledged of receipt and when did u carry out ur medical examination ? Plz reply
 

Ikrait

Member
May 29, 2019
19
0
Sorry for ur refusal. Go for judicial review by hiring a good lawyer.
Can u plz let me know when ur US visa was refused and also can u share ur timeline like when had sent ur documents for PR I.e acknowledged of receipt and when did u carry out ur medical examination ? Plz reply
I had many visa refusals from 2000 to 2017 us and Canada . I filed in my medical last November 2018 and recieved pre arrival service letter on January. Procedural fairness letter was sent on February 11 2019 .
 

Ikrait

Member
May 29, 2019
19
0
I had many visa refusals from 2000 to 2017 us and Canada . I filed in my medical last November 2018 and recieved pre arrival service letter on January. Procedural fairness letter was sent on February 11 2019 .
Any ideas about good lawyers ?
Thanks
 

k.h.p.

VIP Member
Mar 1, 2019
8,181
1,873
Canada
Any ideas about good lawyers ?
Thanks
A lawyer will charge you a large amount of money for very little good - you were rightly refused if you did not declare other visa refusals and no error in law has taken place.

You should pursue financial compensation from your no-good lawyer who didn't bother to ask you about refusals.
 

Ikrait

Member
May 29, 2019
19
0
A lawyer will charge you a large amount of money for very little good - you were rightly refused if you did not declare other visa refusals and no error in law has taken place.

You should pursue financial compensation from your no-good lawyer who didn't bother to ask you about refusals.
How much will it cost .
A lawyer just told me that there is a possibility to explain that we have explained in procedural fairness letter all the previous refusals and gave details . And law should give chance to someone to explain himself and give accurate details through pfl . That's why he claimed . He said it could be that if immigration feels we will win appeal than they may take off the decision and proceed with my case normally
 

k.h.p.

VIP Member
Mar 1, 2019
8,181
1,873
Canada
How much will it cost .
A lawyer just told me that there is a possibility to explain that we have explained in procedural fairness letter all the previous refusals and gave details . And law should give chance to someone to explain himself and give accurate details through pfl . That's why he claimed . He said it could be that if immigration feels we will win appeal than they may take off the decision and proceed with my case normally
That's not actually what a procedural fairness letter is for. The procedural fairness letter is not an opportunity for you to confess to your oversight in not declaring your refusals and then to declare them, it is to provide you an opportunity to show that the visa officer was wrong in their assessment or give them information that allows them to see that you had actually declared your refusals and they were misinterpreting something.

As for costs of lawyers, you're already talking to them. Ask them how much a judicial review ill cost.
 
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khan2019

Full Member
Jun 16, 2018
28
0
I had many visa refusals from 2000 to 2017 us and Canada . I filed in my medical last November 2018 and recieved pre arrival service letter on January. Procedural fairness letter was sent on February 11 2019 .
When had u applied to PR after certificate from Quebec and also had u applied through Express entry or paper based. Have u undergone though biometric ?
 

Arashm0049

Star Member
Sep 16, 2019
93
3
Iran
Category........
PNP
Visa Office......
Paris
NOC Code......
2131 oid
Doc's Request.
Cv, military exemption card
Nomination.....
11 feb 2019
AOR Received.
06 may 2019
IELTS Request
No
Med's Request
14 sep 2019
Med's Done....
20 sep 2019
Interview........
No
I promised to keep you all updated . Unfortunately they have refused .my PR + 5 years ban for not declaring US and Canadian tourist visa. The refusal letter goes on to state that the officer wasn't satisfied with the reply given to procedural fairness letter .
I'm sorry for myself and those facing the same situation . My question is : is it possible to appeal this decision ? And what are the chances of winning ! My mistake was made by my lawyer who failed to ask me whether I was refused or not he assumed I have never been ( but I know that's not an excuse )
Thanks
Hi ikrait so sorry to hear this bad news i know you will find the better way for yourself. I want you know the rejection is because of the contradiction on your previous application and not related to refusals. If your lawyer even would mention your refusals they could find the contradictions on your application. They have doubt on your job and its very hard to correct this mistake. I think youd better find plan B and if you can afford a lawyer give it to him for appealing
 

Ikrait

Member
May 29, 2019
19
0
Hi ikrait so sorry to hear this bad news i know you will find the better way for yourself. I want you know the rejection is because of the contradiction on your previous application and not related to refusals. If your lawyer even would mention your refusals they could find the contradictions on your application. They have doubt on your job and its very hard to correct this mistake. I think youd better find plan B and if you can afford a lawyer give it to him for appealing
No the refusal letter states the reason is failure to declare previous refusals for Canada and usa
 

Arashm0049

Star Member
Sep 16, 2019
93
3
Iran
Category........
PNP
Visa Office......
Paris
NOC Code......
2131 oid
Doc's Request.
Cv, military exemption card
Nomination.....
11 feb 2019
AOR Received.
06 may 2019
IELTS Request
No
Med's Request
14 sep 2019
Med's Done....
20 sep 2019
Interview........
No
No the refusal letter states the reason is failure to declare previous refusals for Canada and usa
If you recall they told you in the note ( large discrepencies between or work history and seducation in previous application and current one). I have seen many cases that have not been rejected just because of not mentioning. Not mentioning is very common between different cases but the main part is differences between them
 

scylla

VIP Member
Jun 8, 2010
69,625
10,550
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I promised to keep you all updated . Unfortunately they have refused .my PR + 5 years ban for not declaring US and Canadian tourist visa. The refusal letter goes on to state that the officer wasn't satisfied with the reply given to procedural fairness letter .
I'm sorry for myself and those facing the same situation . My question is : is it possible to appeal this decision ? And what are the chances of winning ! My mistake was made by my lawyer who failed to ask me whether I was refused or not he assumed I have never been ( but I know that's not an excuse )
Thanks
Yes- you can appeal.

You will need to hire a lawyer in Canada to represent you. Expect this to cost somewhere in the range of $3-7K.

The chances of an appeal succeeding are very low given you were correctly refused and given a 5 year misrepresentation ban for failing to declare previous refusals. IRCC holds the applicant responsible for all information provided in the application, even if a lawyer or immigration consultant was used.