28/03/2017 - Jae-Yeon Lim
What is Implied Status?
Canadian Immigration Blog
This Week’s Success Story: Four Temporary Resident Visa Refusals and Two Misrepresentation Findings Overturned
We were recently successful in Federal Court in overturning four Temporary Resident Visa refusals and findings of misrepresentation made against a husband and wife who had a lengthy positive immigration history in Canada.
The couple was seeking to return to Canada, where they held valid temporary study and work permits. They submitted initial TRV applications to the Visa Office, but neglected to mention on their application forms that they had been refused Canadian visas in the past, leading a Visa Officer to believe that they had purposely misrepresented their immigration history. The couple responded to a procedural fairness letter explaining that any omissions were unintentional and invited the Visa Office to verify whether the information they had provided was correct. While awaiting a final decision from one Visa Office, the couple flew to another country to visit a sick relative. While there, they submitted new TRV applications indicating that they needed to urgently return to Canada.
All four applications were refused, with the first Visa Office finding the applicants inadmissible to Canada for five years for having misrepresented their immigration history. The Visa Office also alleged that the couple was trying to circumvent this misrepresentation finding by submitting new TRV applications while their initial applications were still in process. The other Visa Office refusals also alleged that the female applicant had contravened conditions of her study permit. These refusals were devastating for the couple, who had lived in Canada since 2006 and were awaiting a decision on their permanent residence application.
All four decisions were challenged in Federal Court, and after complex written pleadings and a lengthy hearing, we were successful in overturning all four refusals and the misrepresentation findings were set aside. The family will now have the opportunity to obtain their TRVs, return to Canada, and pursue their application for permanent residence.