Section 40 of
the Immigration and Refugee Protection Act (IRPA) provides that
misrepresentation is a ground of inadmissibility to Canada for any permanent
resident or foreign national. All applicants for temporary or permanent
residence are required by law under Section 16 of the IRPA to answer all
questions truthfully and completely and provide all required documentation.
Misrepresentation can be direct or indirect
and can occur on the part of the applicant or their family members. Typical
examples are submitting false identity or other documents or failing to mention
a family member. Foreign nationals or permanent residents found inadmissible
for misrepresentation are usually banned from entering Canada or applying for
permanent residence for a period of 5 years.
Section 40 also applies in cases where a person is
sponsored by a person determined to be inadmissible for misrepresentation, and
if a person’s refugee status is vacated (i.e. the Refugee Protection Division
cancels its original decision on account of fraud). Persons who lose Canadian
citizenship on account of misrepresentation may also be found inadmissible.
A
finding of misrepresentation may be made by a visa officer overseas, by a
border officer at a port of entry to Canada, or by an immigration officer
inside Canada. However, certain people are exempt from removal on certain
grounds of misrepresentation, such as refugee claimants with cases in process
and protected persons.
A&M Canadian Immigration Law Corporation may
assist in responding to a finding of misrepresentation, preparing a new
application to overcome an inadmissibility finding, or with applying for
citizenship without errors or omissions.
