Misrepresentation can have serious consequences under Canadian immigration law. People applying under the Immigration and Refugee Protection Act (IRPA) are required to answer truthfully questions put to them for the purpose of examining their application and to produce relevant evidence and documents that an immigration officer reasonably requires.
A finding of misrepresentation can result in a person being found inadmissible to Canada. This FAQ explains what misrepresentation means under Canadian immigration law, how it can arise and the consequences that may follow.
What Is Misrepresentation?
Under section 40(1)(a) of IRPA, a permanent resident or foreign national is inadmissible 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 IRPA. ensure
Misrepresentation can therefore involve providing inaccurate information or withholding information where the requirements of section 40(1)(a) are met.
What Is a Material Fact?
Section 40(1)(a) requires the misrepresented or withheld fact to be material and to relate to a relevant matter. The misrepresentation or withholding must induce or be capable of inducing an error in the administration of IRPA.
Whether information is material will depend on the circumstances of the particular immigration matter. Applicants should carefully review the questions asked in their applications and that the information and supporting documentation they provide is accurate.
Can Withholding Information Be Misrepresentation?
Yes. Section 40(1)(a) expressly applies to both directly or indirectly misrepresenting and withholding material facts.
Misrepresentation is therefore not limited to making a false statement. Withholding a material fact relating to a relevant matter can also result in inadmissibility where it induces or could induce an error in the administration of IRPA.
What Are an Applicant’s Responsibilities?
Section 16(1) of IRPA requires a person who makes an application to answer truthfully all questions put to them for the purpose of examining their application.
The provision also requires the person to produce a visa and all relevant evidence and documents that the immigration officer reasonably requires.
Applicants should carefully review their application and supporting documents to ensure that the information they provide is truthful.
What If a Representative Prepared the Application?
Using a representative does not remove an applicant’s responsibility for the information contained in an immigration application.
IRCC advises applicants that they are responsible for the information in their application even when a representative completes it for them. Applicants should therefore carefully review the information and documents included in an application before it is submitted.
What Are the Consequences of Misrepresentation?
Under section 40 of IRPA, a permanent resident or foreign national found inadmissible for misrepresentation under section 40(1)(a) remains inadmissible for five years.
When the determination is made outside Canada, the five-year period runs from the final determination of inadmissibility. When the determination is made in Canada, it runs from the date the removal order is enforced.
Section 40(3) also provides that a foreign national who is inadmissible under section 40 cannot apply for permanent resident status during the period of inadmissibility.
Conclusion
Misrepresentation can have significant consequences under Canadian immigration law. Section 40(1)(a) applies to both directly or indirectly misrepresenting and withholding material facts where the statutory requirements are met.
Individuals who are concerned about inaccurate or omitted information in an immigration application should consider obtaining legal advice regarding their particular circumstances.
Contact Jain Immigration Law
If you have questions about misrepresentation, inadmissibility or another Canadian immigration matter, Jain Immigration Law can assist you in understanding the applicable legal requirements and your options.
Contact us to schedule a consultation with a member of our immigration law team.
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com