Has your immigration case been refused based on Misrepresentation?
Have you received a procedural fairness letter?
At Fateh Law Corporation we can help.
Contact us to book an initial consultation directly with our Lawyer to discuss your case confidentially.
- What is Misrepresentation?
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 Immigration and Refugee Protection Act increased the bar for misrepresentation inadmissibility from 2 to 5 years !
Some examples of misrepresentations are:
Fail to declare that you have been refused a visa for another country
Provide a document that is found to be non-genuine
Fail to mention a family member
Declare employment experience which you do not have
Obtain permanent residence by having engaged in a non-genuine marriage
In conclusion, “Misrepresentation” is a very harsh and cruel punishment. Immigration applicants should ensure that every application and supporting document is accurate, correct, and current. While mistakes do happen, there is wide gap between providing false information and making innocent mistakes.
Frequently Asked Questions
- What should I do after receiving a Procedural Fairness Letter?
We highly recommend that you should get the professional help of a Law Firm. This is the only opportunity you will get before a misrepresentation ban is imposed. Your response must provide a detailed explanation along with all supporting documents.
In our experience, most individuals contact us when it is too late. We highly recommend that you urgently contact us before sending in your response. Most Procedural Fairness Letters only offer 15 or 30 days for a response, we recommend seek professional help from a Law Firm immediately.
- Can you challenge a misrepresentation ban in Court?
Yes, all decisions of IRCC can be challenged in the Federal Court of Canada. The process in the Federal Court is called a Judicial Review. That means the Federal Court will only review the decision and no new evidence can be introduced that was not before the Visa Officer.
- When should you challenge a misrepresentation ban in Court?
Generally, misrepresentation bans are very difficult to overcome. We only advise our Clients to approach the Federal Court of Canada when no other alternative is available and when there is clear evidence that the misrepresentation was either innocent or if IRCC made a mistake and wrongly gave a misrepresentation ban.
- What is the time limit for approaching Federal Court?
If you believe that the misrepresentation ban was wrongly or unreasonably imposed, you have the option to challenge the IRCC ban within 15 days (inside Canada) and within 60 days (outside Canada) of receiving the refusal letter.