发送时间: 2015年04月17日 10:58
主题: PROCEDURAL FAIRNESS LETTER
Date: April 17, 2015
This refers to your application for permanent residence in Canada.
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 by the 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 concerns 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.
Pursuant to subsection 76(1) of the Immigration and Refugee Protection Regulations 2002, prospective immigrants in the Skilled Worker category are assessed on the basis of the following criteria: education, knowledge of English and French languages, occupational experience, age, arranged employment and adaptability.
The above information is contrary to that indicated on the employment reference letter you submitted in support of your application and the information you indicated on your application form.
Consequently, I am not satisfied that you have submitted sufficient evidence that you perform the actions in the lead statement of NOC 2145 description and I am not satisfied that you perform a substantial number of the duties described in the “main duties” summary.
Please note that if it is found that you have engaged in misrepresentation in submitting your application, 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 five years according to section 40(2)(a) and according to section 40(3), you would not be eligible to apply for permanent resident status during the period of inadmissibility:
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(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
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 five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
40(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to give you an opportunity to respond to this information. I would therefore request that you send any information or documents which you consider might respond to this concern within 60 days. I must also advise you that failure to disabuse me of my concern could lead to the refusal of your application pursuant to subsections 11(1) and 16(1) of Canada’s Immigration and Refugee Protection Act.
All documents must be in either English or French. Any documents not in English or French must be accompanied by a certified translation.
Should you be unable to provide the information and/or other documents requested you must advise us in writing detailing the reasons why you cannot provide the information/documents requested.
The above information/documents must be received in our office within60 days from the date of this letter. If you fail to comply with this requirement, a decision concerning your application will be made based upon the information already submitted with this application.
VAC Clients: If your original application was submitted at the Visa Application Centre (VAC), ALL information/documents requested should be submitted together in one package to the Visa Application Centre where you submitted your application. The VAC will only accept documents from applicants who originally submitted their application at the VAC.
Non-VAC Clients: If no original documents are requested, you must submit all the requested information/documents by the case specific enquiry portal:https://dmp-portal.cic.gc.ca/enquiries-renseignements/case-cas-eng.aspx?mission=hong%20kong
Otherwise, documents must be mailed in one package to the address indicated below. Please use only one method of submission. We do not accept in-person submission of requested documents at the Consulate.
Please include this letter with the requested documents and ensure that you quote the application number indicated at the top of this letter on any information you submit.
Immigration Section | Section de l’Immigration
Consulate General of Canada in Hong Kong and Macao
8/F, 25 Westlands Road, Quarry Bay, Hong Kong
Web sites | Sites web: www.hongkong.gc.ca
For all e-mail correspondence with our office, we request you to use the enquiries form at: https://dmp-portal.cic.gc.ca/cicemail/intro-eng.aspx?mission=hong%20kong
Always include the applicant’s full name, date of birth, and file number in your message
Disclaimer: By supplying your email address, you are initiating an email communication with CIC and CIC is thereby authorized to use the email address provided by you for communication with you including the transmission of personal information on your file/case.
Désistement : En fournissant votre adresse électronique, vous établissez une communication par voie électronique avec CIC et, par conséquent, CIC est autorité à utiliser l’adresse électronique fournie à cette fin, y compris pour la transmission de renseignements personnels au sujet de votre dossier.