Student visa Refused under section: A40(1)(a).. (Requesting Seniors help)

[Kishore4900]

Applied on 12th nov,2012 for jan,2013 intake.

Received a letter concerning the authenticity of my educational documents on 16th jan,2013.

Re-submitted with a verification letter from the university along with attested copies on 6th feb,2013.

On 22nd Aug,2013 i received a refusal letter.

Notable points in the Refusal letter:

Application closed, new information to be provided with new application and processing fee. should you wish to re-apply, i suggest that you do so only if your situation has changed substantively or you have significant new information.

Purpose of visit, Lack of authenticity

You are a member of an inadmissible class of persons under following section

A40(1)(a): for directly or indirectly misrepresentating......

1) I do not hold any fraudulent documents.
2) I was given a personal advise from the Trade commissioner of canada to re-submit with a letter from the university.
3)I consulted many agents with this information, i was advised to apply under university category and launch for a visa.
4)I will apply under university category taking a letter from all the institutions i passed out.

Friends, please share your advise. I am in great confusion to this situation. I confirm that i am genuine, How can i fight back??

 

[mead]

which university did u passout off? other than university didu attach anyother educational documents? certificates etc

 

[Kishore4900]

which university did u passout off? other than university didu attach anyother educational documents? certificates etc

Allahabad university, 10th ,12th and B.tech educational documents .. nothing else..

 

[Kishore4900]

Someone share your comments plz

 

[sabby2612]

Allahabad university, 10th ,12th and B.tech educational documents .. nothing else..

Is it just allahabad university or some university in allahbad? allahbad university is not blacklisted though but then are some black listed universities in Allahbad. Anyway check the following link to find out the college you attended was blacklisted;

http://www.ugc.ac.in/page/Fake-Universities.aspx

Colleges
http://www.ncie.in/black.html


You should re-apply with all educational documents attested (notary) and try making a color copy. Write about it in SOP.

The verification letter you attested (bonafide letter) with your file, submit that again.

Over all I would suggest, why not to apply for CAIPS notes to exactly figure out what was the reason for CIC to feel that your educational documents aren't authentic?

 

[Seema_Sinha]

@Kishore4900...very sad to know about your petition...I heard that if it is found that someone has engaged in directly or indirectly misrepresentation in submitting application for study permit. he or she 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 two years according to section 40(2)(a)...

Did embassy say anything about it in your refusal letter? like you can apply after two years

 

[Kishore4900]

Is it just allahabad university or some university in allahbad? allahbad university is not blacklisted though but then are some black listed universities in Allahbad. Anyway check the following link to find out the college you attended was blacklisted;

http://www.ugc.ac.in/page/Fake-Universities.aspx

Colleges
http://www.ncie.in/black.html


You should re-apply with all educational documents attested (notary) and try making a color copy. Write about it in Sop

The verification letter you attested (bonafide letter) with your file, submit that again.

Over all I would suggest, why not to apply for CAIPS notes to exactly figure out what was the reason for CIC to feel that your educational documents aren't authentic?

It is University of Allahabad only.. and yes i'l re-apply with a letter from all the institutions.. i heard that CAIPS is'nt much helpful. i'l however take your advise. apart from this, will i be allowed to re-apply as section A40(1)(a) is troubling me to think about it. they did not mention in the refusal letter anywhere not to apply for two years or something.

 

[Kishore4900]

@ Kishore4900...very sad to know about your petition...I heard that if it is found that someone has engaged in directly or indirectly misrepresentation in submitting application for study permit. he or she 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 two years according to section 40(2)(a)...

Did embassy say anything about it in your refusal letter? like you can apply after two years

No simha, they did not mention that anywhere in the letter. plz check my first msg where i mentioned the notable points in the refusal letter. plz tell me if there's anything i can do further.

 

[Kishore4900]

@sabby: thanks for sending the link. my degree is fine. not in the list.. kindly advise whether i can re-apply or not..

 

[mead]

@ Kishore4900...very sad to know about your petition...I heard that if it is found that someone has engaged in directly or indirectly misrepresentation in submitting application for study permit. he or she 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 two years according to section 40(2)(a)...

Did embassy say anything about it in your refusal letter? like you can apply after two years

i think its 5 years ..but first need to find the reason for misrepresentation if it is genuine ......look at all ur documents that u attached if possible can u post the list here? what did they ask u to send as proof of genuine documents in the first letter.

 

[Kishore4900]

i think its 5 years ..but first need to find the reason for misrepresentation if it is genuine ......look at all ur documents that u attached if possible can u post the list here? what did they ask u to send as proof of genuine documents in the first letter.

i'll post the letter here in a moment.

 

[Kishore4900]

i think its 5 years ..but first need to find the reason for misrepresentation if it is genuine ......look at all ur documents that u attached if possible can u post the list here? what did they ask u to send as proof of genuine documents in the first letter.

This refers to your application for a Canadian student visa.

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 bythe
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 have reasonable grounds to believe that you have not 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.

Specifically, i am concerned with the authenticity of your B.Tech (Computer Science &
Engineering) education documents from the University of Allahabad, which you have provided in
support of your application

Piease note that if it is found that you have engaged in misrepresentation in submitting your
application for a Canadian student visa, 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 two years according to section
40(2)(3):

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

(a) for directiy or indirectly mísrepresenting or Withholding materia! facts relating
to a reievant matter that induces or coutd induce an error in the administration ot
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 two years following, in the case of a
determination outside Canada, a final determination of inadmissibility under
subsection (i) or, in the case of determination in Canada, the date the removal
order is enforced.

| would like to give you an opportunity to respond to this information. l will afford you 30 days
from the receipt of this letter to make any representations in this regard. Please use the
address noted at the top of the letter for all correspondence and clearly indicate your file
number. lf you do not respond to this request Within the time outlined above, your application
will be refused.

Received on 16th Jan,2013

 

[Kishore4900]

This refers to your application fora Canadian study permit. According to Canada's Immigration and Refugee
Protection Act and Regulations, as an applicant for a study permit, you must establish that your intentions are
bona fide and that you will leave Canada by the end of the period authorized for your stay. You must satisfy an
officer that you will not contravene the conditions of admission and that you do not belong in a category of
persons inadmissible to Canada under the Act. You must satisfy an ofñoer that you will meet the requirements of
Part 12 of the Regulations, including satisfying the ofñcer that you have adequate financial resources to pay
tuition fees and support your stay in Canada,

Based on a careful review ofthe information contained in your application and all ofthe documentation which
you have provided in support of your applicationl l am not satisfied that you meet the requirements of the Act
and the Regulations. | am therefore refusing your application.

Subsection ‘11(1) of the Act states that “A foreign national must, before entering Canada, apply to an officer for a
visa or for any other document required by the Regulations. The visa or document shall be issued if, following an
examination, the officer is satisfled that the foreign national is not inadmissible and meets the requirements of
this Act." Subsection 2(2) specifies that unless othenivise indicated, references in the Act to “this Act” include
regulations made under it.

This application is closed. Please note that any new information you wish to provide must be submitted with a
new application and processing fee. Should you wish to reapply, I would suggest that you do so only if your
situation has Changed substantively or you have significant new information to submit.

IXI You have not satisflecl me that you would leave Canada at the end of your stay. In reaching this

decision, l considered several factors, including:

IXI purpose of visit .

You have submitted documentation which lacks authenticity as part of your application. This has
diminished the overall credibility of your submission.
lj You have not complied with our request for information, as per section 16(1) ofthe Immigration and

Refugee Protection Act. To date, you have failed to comply with our request for:

CI Completion of a medical examination

Ü An interview

The following documents:
|___| From the documents which you have submitted in support of your application, I am not satisfied that you

have answered all questions truthfully, as required by subsection 16(1) of the Act. Specit'lcally, l am not
satisfied that the following information is truthful:

CI Other reasons empty)

You are a member of an inadmissible class of persons described in the Immigration and Refugee
Protection Act. As a result, you are inadmissible to Canada pursuant to the following Section(s):


IXÍA40(1)(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;

[___lA40(1)(a) and A40(2)(a): You are still inadmissible to Canada as a period of two years has not passed

since your prior refusal.

 

[Kishore4900]

above letter received on 22nd Aug,2013

 

[moorw003]

Unfortunately your options are somewhat limited. The 30 days to submit new information was in effect an appeal, and that appeal failed. You are now inadmissible until January 2015.

So you can now either make other plans, at home or abroad, or wait until 2015 and try applying again.