20th Sep 2018 Comments Off on Misrepresentation

Last updated on December 9th, 2020

Section 40 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada 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 Canada’s immigration laws.

The general consequence of misrepresenting is a five-year ban from entering Canada.  As well, s. 40(3) of the Immigration and Refugee Protection Act provides that a foreign national who is inadmissible to Canada for misrepresentation cannot apply for permanent residence during the five year bar.  In Gill v. Canada (Citizenship and Immigration), 2020 FC 33 the Federal Court ruled that applications submitted during the bar are a “nullity” and as such refusals cannot be appealled to the Immigration Appeal Division.

Canada is very strict on misrepresentation.  In Bundhel v. Canada (Citizenship and Immigration), 2014 FC 1147, for example, Mr. Bundhel had been charged and convicted with an offence, which had been overturned on appeal.  Mr. Bundhel would accordingly not have been criminally inadmissible to Canada.  Because of this, he put on his immigration forms that he had never been charged or arrested.  When it discovered thathehad been previously charged, Citizenship and Immigration Canada wrote to him and provided him with an opportunity to explain why he misrepresented.  After the immigration officer reviewed the Mr. Bundhel’s explanation that it was an innocent mistake, the officer refused the application, and declared the person inadmissible to Canada for misrepresentation. The Court wrote (citations removed):

Mr. Bundhel’s complaint that the Officer should have considered the fact that he owned-up to the problem at the first available opportunity is also unjustified.

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