Misrepresentation

Inadmissibility due to Misrepresentation

In Canada, misrepresentation allegations can have serious consequences on a person’s immigration status. A person who is found to be inadmissible to Canada due to misrepresentation can be barred from entering Canada for up to five years.

A person could be misrepresenting by not disclosing a previous visa refusal, their past criminal conviction, by not being truthful about their Activity history as well as any other relevant information that is material to an Immigration application.

What is misrepresentation?

Misrepresentation is defined as 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.

A finding of misrepresentation is established by the Immigration authorities on a Balance of Probabilities. Misrepresentations can be made by way of  an oral or written representation and can also be an omission.

The Immigration Authorities must determine that the misrepresentation was material by way of an analysis of the case before them this is known as a materiality analysis. The assessment is made by reviewing the false information and determining if the information is material.

A misrepresentation is material if it is important enough to affect the process of their application. In other words, the misrepresentation must be related to a component of the file that was/is actively considered by the Authorities. If the misrepresentation relates to a matter that could not have affected the outcome of the Application, then it is not material.

Is there a Defense?

There exists a narrow exception to the rule that the subjective knowledge of the misrepresentation is not required for a finding of misrepresentation when an individual honestly and reasonably believes that they were not misrepresenting a material fact. This can be the case when a person is unaware that they were misrepresenting.

The Courts have determined that this exception is truly exceptional and cannot be applied in most circumstances seeing that in most cases people subjectively know that they are misrepresenting.

Not all misrepresentations are deemed to reach the threshold of misrepresentation for admissibility purposes within the Immigration context. The Ministerial (Immigration) Instructions state examples such as in “…cases where a person answers truthfully at an interview without hesitation and it is reasonable to believe that the person did not understand the question on the application form or forgot the relevant information at the time.”

Is there Relief for Misrepresentation?

This depends on the individual’s case but in general people can ask for  relief from their inadmissibility by way of a request for relief on Humanitarian and Compassionate Considerations or by way of a Temporary Resident Permit. Relief is exceptional and discretionary, and the onus is on the Applicant to demonstrate to the Officer that their case merits relief.

If you believe that you are inadmissible due to misrepresentation or there are allegations of misrepresentation against you by the Immigration authorities you may want to book a paid consultation to discuss your case with us.

Please note that this is general Information and should not be construed as legal advice.