The Implication of Misrepresentation in Immigration Applications.
Pursuant to section 40(1) of the Immigration and Refugee Protection Act, Misrepresentation occurs when an individual provides false information or documents, conceals information, or omits relevant details that could affect the decision on their application.
The principle of misrepresentation emphasizes the need for applicants to be truthful and thorough in their applications. Canada’s immigration system relies on accurate information to assess eligibility and views misrepresentation as undermining the integrity of this process.
Misrepresentation is a serious offence under Canadian immigration law and has significant consequences. Here are some of the consequences:
- A finding of misrepresentation leads to a five-year ban from entering Canada. During this time, the individual cannot apply for any immigration program.
- Misrepresentation may result in inadmissibility for permanent residency or other immigration programs.
- In severe cases, it can lead to loss of permanent resident status or deportation from Canada if discovered after the applicant has already entered or settled in Canada.
In Karimi v. Canada, para 28, the Court stated that it is incumbent on the applicants to ensure that all the information and documents provided are accurate - “Further, in view of the principles noted above, the Applicant had a duty to ensure that all the information submitted in support of his application was accurate. In other words, he had a duty to ensure that all information, including the bank account balances, were correctly set out in the supporting documentation”.
