My brother applied for a temporary resident visa application for Canada in December 2018. His application was refused due to lack of proper documentation. After waiting for two months, my brother applied again for TRV with the help of some agents in India. His application took so long and got refused after almost 10 months. Upon asking the agent who prepared his application, he gave us the refusal letter and explained nothing about the reasons behind second refusal of the application. I applied GCMS notes for the refused application on the behalf of my brother. Now, we are shocked to learn that my brother not only got refused but he is also banned by IRCC to apply for any immigration application to Canada for five years. This decision on his second application was made in September 2019. The officer called and sent emails but the agent has given his phone and email but never responded back. The officer then sent procedural fairness letter but the agents did not reply as well. Now, as per the GCMS notes, my brother is inadmissible to Canada under Section 40 of IRPA for misrepresenting by submitting already used fee payment receipt. Can you explain how this section applied on my brother?
The officer did his/her best to find your brother through email and phone which were provided in your brother’s application. Since there was no new fee with the application, the officer was unable to make any decision. Finally, he/she gave procedural fairness opportunity to your brother but no one responded; therefore, the officer not only refused the application but also banned him for 5 years under s-40 of IRPA means misrepresentation. The officer decided that your brother has knowingly submitted the fee receipt which was already used in his previous application. The intention seems suspicious because when procedural fairness letter was sent by IRCC, your brother did not even respond. The clarification will not work now that it was not your brother but his agent. The agent may not be an authorized representative (member ICCRC); who did not have any fear because he will not have any licence to lose. This is the reason that you should avail the services of professional immigration consultants or lawyers.