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Canada Immigration Misrepresentation Ban – We Can Help

by | Sep 15, 2021 | Canada Immigration

Canada Immigration Misrepresentation Ban
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We, at Immilaw Immigration, can help when a candidate’s immigration case has been refused due to misrepresentation of facts or has received a procedural fairness letter. You can contact us to book a direct consultation with our lawyer to discuss the case confidentially.

 What is Misrepresentation?

Misrepresentation means providing incorrect or false information about facts relating to essential matters. Section 40 of the Immigration and Refugee Protection Act states that a foreign national or a permanent resident is not permitted entry into Canada if relevant facts are misrepresented or withheld, as these facts could create an error in the administration of Canadian immigration laws.

A few cases of misrepresentation:

  • Failure to declare that a visa to another country had been refused
  • Providing a non-genuine document
  • Stating false employment experience
  • Non-mention of a family member
  • Obtaining permanent residence by involving in a fraudulent marriage Immigration candidates have to ensure that their applications and supporting documents are valid, correct, and accurate. Innocent mistakes can sometimes occur, but providing false information or ‘misrepresentation’ is a punishable offense. The Immigration and Refugee Protection Act has now increased the term of inadmissibility into Canada from 2 to 5 years for misrepresentation.

You would also like to read about Inadmissibility to Canada

FAQ
What should I do on receipt of a Procedural Fairness Letter?
It is highly recommended that you contact a law firm on receiving a Procedural Fairness letter. Procedural fairness letters offer an ‘answer by’ period of 15 to 30 days, after which a misrepresentation ban is imposed. Responding to the procedural fairness letter is the only opportunity to explain yourself before the ban is imposed. Hence, it is better to contact a law firm to guide you before sending in the response. The response should provide a detailed explanation with supporting documents.
Can a misrepresentation ban be challenged in court?
All decisions made by the IRCC can be challenged in the Federal Court of Canada. The process in the Federal Court is called Judicial Review. This means that the federal court will only review the decision. Therefore, new evidence or details that were not placed before the visa officer earlier cannot be introduced or added to the court.
When can you challenge a misrepresentation ban in court?
The bans can be challenged only when there is clear evidence that the misrepresentation was either due to an innocent mistake by the applicant or a genuine error by the IRCC. Misrepresentation bans are tough to overcome. However, you can approach the Federal Court of Canada when no other alternative is available.
What is the time limit for approaching the Federal Court?
If you are sure that the misrepresentation ban has been wrongly imposed or unreasonable, you can challenge the IRCC ban within 15 days (if you are resident in Canada) and within 60 days (if you are residing outside Canada) of receiving the refusal letter.

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