Stewart Sharma Harsanyi Immigration Law Firm Blog

Consequences to an Allegation of Misrepresentation

The consequences to a finding of misrepresentation under the IRPA are serious. They include enforcement and potential removal for Permanent Residents and a 5 year ban on entering or applying for status for Foreign Nationals (See s.40(2)(a) of the IRPA). In practical terms, such a finding could end the aspiration to live in Canada or the end of a life built here in Canada. Counsel should also be aware of the possibility of criminal charges laid under the IRPA for misrepresentation. In R v. Singh 2019 ABPC 37 the accused was charged with “knowingly, directly misrepresent or withhold material facts relating to a relevant matter that induced or could have induced an error in the administration” of the IRPA contrary to section 127(a) of the IRPA. The Court found Mr. Singh guilty of knowingly using false university acceptance documents and other false documents that resulted in the issuance of a study permit. Singh said any misrepresentation was innocent on his part, arguing that he did not know the documents were false and attempted to shift the blame to his immigration representative. Ultimately the trial judge found that Mr. Singh’s application was his responsibility and he was “accountable for the lies... Read more →

Misrepresentation and Federal Court Deadlines

If you go hunting for misrepresentation, surprise surprise you find it. Punjabis in particular should exercise caution submitting overseas work permits when spouse in Canada. It's clear that visa office is sending a message to this community & have no problem throwing baby out with bathwater. Delhi is far more likely to make a finding of misrepresentation than any other visa office. After such a finding, the only recourse is Federal Court. Federal Court deadlines are strict. If a visa office (likely Delhi) finds you/your spouse has committed misrepresentation you need to act within 60 days. Justice Bell refused to grant an extension of time and dismissed this application: https://t.co/XmAYycLbov Asking/waiting for the GCMS notes, going to your MP, asking for a reconsideration do *not* (necessarily) allow you to ask for an extension of time at the Federal Court. "Mr. Singh has provided no explanation for the delay other than the fact he was pursuing alternative remedies. That cannot be a valid explanation. If it were, the time limits set out in the legislative policy would be in constant chaos..." And... "Although his spouse spoke to a MP and he sought reconsideration of the decision, he did not move for... Read more →