This is a story that demonstrates how one mistranslated phrase can drastically change a person’s fate. It all began with a request for military service details while the PR application was in process and nearing its conclusion.
In the requested form detailing military service, under the section “describe your duties,” instead of using the standard term “reconnaissance” (field reconnaissance), typically used to describe routine exercises for conscripts, the word “intelligent” (intelligence) appeared in the application‼️. At first glance, it seemed like a minor error. But it led to serious consequences.
The case quickly escalated to a high-security level, and the applicant received a Procedural Fairness Letter (PFL) warning of refusal. Attempts to explain the mistake and provide clarifications made no difference—the permanent residency status was denied under Sections 33 and 34 of Canada’s Immigration and Refugee Protection Act.
These sections pertain to national security threats and involvement in organizations posing a threat. This reason for refusal is difficult to contest in Federal Court. Moreover, if refugees or Pre-Removal Risk Assessment (PRRA) applicants are refused under this section, they do not have the right to appeal to the tribunal. Furthermore, even approved refugees are denied PR under this section and are asked to leave Canada.
One particularly harsh rule in these cases is that even if a person served in an organization long before it was designated as a threat, they are still barred. For instance, if you served in 2008 and the organization was declared dangerous in 2014 (e.g., due to involvement in combat activities), you would still be deemed inadmissible for permanent residency.
Conclusion: Errors in translation and context during document preparation can become a significant barrier to immigration. Therefore, it is crucial to pay attention to details, work with professional translators, and consult with lawyers to avoid such situations.
Which organizations fall under this section? GRU, SBU, TCC, certain private battalions (there is a list), and other organizations.
Recently, scrutiny of service records has become very thorough and widespread. Anyone with a history of military service or work in executive/legislative bodies is subject to rigorous background checks, so applicants with such employment histories need to be especially cautious when submitting their PR application packages.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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