Misrepresentation and Children

Steven MeurrensUncategorized

Although there is nothing explicit on the website, it appears that IRCC policy is to generally not pursue misrepresentation allegations against minors.

The IRCC Complex Case Unit further states that “we do not A40 minors.”

2. Exhibit A - Minors - Misrep

As well, the Abbu-Dhabbi visa officer toolkit states:

Important: Please remember that you do not send PFLs to applicants that are under 18, or were under 18 at the time of the previous refusal. We can’t reaosnably expect minors to be aware of visa refusals on applications that would have been submitted by their parents.

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In Shao v. Canada (Citizenship and Immigration), 2023 FC 973, Justice Favel ruled that when a minor submits an application that a visa officer has to consider the “circumstances in which the application form was completed.”