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Last Updated: September 01, 2021

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Overview:

Ms. Ly Thi Chuc Tran, the applicant, filed for permanent residence under PNP (Provincial Nominee Program). A Visa Officer of the Immigration, Refugees, & Citizenship Canada (IRCC) denied the petition stating that the applicant didn’t intend to live in the region that nominated her under PNP, which is a major requirement. The applicant filed for a judicial review mentioning that the officer wasn’t fair & took the decision in a haste without clarifying it with her, also without taking an opinion from another officer.

 

Background of the applicant:

Ms. Ly Thi Chuc Tran is a 43-year-old Vietnamese citizen. She owns a well-renowned company that manufactures safety equipment for marine ships. The applicant applied for permanent residency on June 25th, 2018, along with her husband & four children. She attached a certificate from New Brunswick, choosing her for the PNP under the entrepreneurial stream under subsection 87(2)a of the Immigration & Refugee Protection Act. She mentioned that she wanted to expand her business in Saint John, New Brunswick.

 

Why was the request for permanent residence rejected?:

The Visa officer examined her application for permanent residence on January 17th, 2020 to evaluate her intention of starting a business & residing in New Brunswick. The officer raised concerns regarding her honesty. Ms. Tran previously mentioned in all her documents & reports that no one from her family has ever been denied a visa, but later accepted that her children had been refused visitor visas before. She also mentioned in her permanent residence appeal that her youngest child was born in Vietnam, which later she said wasn’t true & that her child was born in Canada in 2017. She hadn’t even provided detailed information regarding her business in the application. The Officer found these reasons concerning, hence, ended up denying her appeal for permanent residence. The officer later explained in a report that he wasn’t convinced with the reasons she had presented & doubted her credibility as she had earlier lied about visa refusals, trying to mislead. He also stated in the email report that he thought that she travelled to Canada just to give birth to the child so that the child attains citizenship. On January 31, 2020, he refused the applicant’s permanent residence application.

 

Decision:

The court found the Visa Officer’s decision rationale, hence, denying Ms. Tran’s judicial review application.

 

LYING TO OBTAIN CITIZENSHIP IN ANY COUNTRY IS A FRAUD!

One should refrain from doing it at all costs.

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