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visa refused with five year ban

simran0147

Full Member
May 19, 2018
39
1
34
i have appled for TRV now i get refusal with following reason:-
can you please explain what is reason


Section 40(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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
 

scylla

VIP Member
Jun 8, 2010
93,059
20,596
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
Did you fail to declare a prior visa refusal?
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
i have appled for TRV now i get refusal with following reason:-
can you please explain what is reason


Section 40(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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
You were banned for misrepresentation. And therefore you cannot apply for any Visa until the period of 2 years has passed.
 
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simran0147

Full Member
May 19, 2018
39
1
34
It means you lied in your application. Most common misrepresentation is answering No the question if you have applied or refused Visa from any country which applicants should have said yes typically in regards to US Visa refusal.
i explain that my us visa refused in2016
canda visa in 2017 ans 2018
 

simran0147

Full Member
May 19, 2018
39
1
34
Well hard to tell if you don't post the refusal letter. This refusal mentioned that you were banned for misrepresentation before. Did you receive any procedural fairness letter from IRCC?
no just receive information letter and correspondence letter

give me you email i will send you refusal letter personally
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
no just receive information letter and correspondence letter

give me you email i will send you refusal letter personally
i have appled for TRV now i get refusal with following reason:-
can you please explain what is reason


Section 40(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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
You will also need to show us the prior refusal letter, as this is probably where you got the actual ban for misrepresentation.
 

Maninder Bhullar

Hero Member
Apr 20, 2018
235
25
i have appled for TRV now i get refusal with following reason:-
can you please explain what is reason


Section 40(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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
When you apply bro? Embassy was calling you for interview?
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
i have appled for TRV now i get refusal with following reason:-
can you please explain what is reason


Section 40(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;
Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of two years has not passed since your prior refusal.
When were you banned for misrepresentation? Month and year?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I have looked at the letters and something is wrong with the way that IRCC has processed this application.

In the previous refusal only "travel history" and "purpose of visit" were ticked. There is no indication of any misrepresentation.
However, the wording in the latest rejection is this. There is no evidence of any kind of prior refusal ban.

Following an examination of your application, I am not satisfied that you application meets the requirements of the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked off apply to the refusal of your application.

On misrepresentation:

• Section 40(1)(a) and Section 40(2)(a): You are still inadmissible to Canada as a period of five years has not passed since your prior refusal.

I think that you should do a few things now.
1) Email the visa office at the address supplied in the letters, requesting an explanation, as there appears to be a procedural error.
2) Raise a Case Specific Enquiry, mark it "urgent" and request the same explanation as 1)
3) Order your GCMS notes for your UCI to find out what happened. - @GCMSBuddy may be able to help you with this.
4) Optionally, involve a competent immigration lawyer to review the case.

Did you send me a copy of all the documents from IRCC that you have received from the past few applications??
 
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