What is Misrepresentation
Misrepresentation is becoming a very significant problem when applicants try to enter Canada. There are many different circumstances that can entail misrepresentation, whether intentional or unintentional. If an applicant that is trying to enter Canada finds themselves inadmissible due to an account of misrepresentation, then the consequences are truly detrimental. The applicant will not be able to enter Canada and will be banned from returning for five years. Therefore, it is important to note what misrepresentation means and how to avoid misrepresenting yourself. In this article, I will explain what constitutes misrepresentation, steps on how to fight a misrepresentation allegation, and how misrepresentation can affect you in the future.
What Constitutes Misrepresentation
Misrepresentation can be determined in many ways. The main similarity between all cases of misrepresentation is the inconsistent, inaccurate, or incomplete release of information given to the Immigration Canada. In every case of misrepresentation, unfortunately, the principal applicant will be at fault. Although, the misrepresented information, that was either given or omitted, could be submitted by the principal applicant themselves, or even family members or your legal representative. It is very important to review any and all documents sent to the government for your immigration matters as you will be the one suffering the consequences if the information is incorrect. Below is a list of examples of cases of misrepresentation:
- Omitting a family member from your application
- Providing documentation that is not genuine
- Failure to declare previous immigration applications, such as visas, refugee claims, etc.
- Declaring false information with regards to your employment and/or address history
Steps on How to Fight a Misrepresentation Allegation
If you have been allegedly misrepresenting yourself, do not fret as Immigration Canada will give you an opportunity to respond and explain yourself with regards to their concerns. Thankfully, the Canadian government has implemented a process called “procedural fairness” which gives the applicant the opportunity to defend themselves when confronted with these allegations. There are certain factors that are essential to remember when responding to Immigration Canada. They are extremely particular with timelines and almost always give a timeframe for your response. Therefore, you must be very diligent and respond with enough time, just in case anything happens before the deadline.
Additionally, Immigration Canada will confirm whether the response should be made at an interview or on paper. It is very important to analyze and remember exactly what they are requesting of you as these cases are extremely time sensitive and can lead to more severe consequences if not addressed.
In many cases, Immigration Canada will request to bring the allegation to the Immigration Division for an Admissibility Hearing. This would be a meeting in court and Immigration Canada will provide you with a scheduled hearing. Ultimately, the decision will be made by the Immigration Division based on observing and analyzing the evidence and testimonies from both parties. There can be two outcomes: the first would be that the report of misrepresentation is not well-founded and then the report will be dismissed; the second would be that the report of misrepresentation is well-founded and then the applicant will be issued a Removal Order. For more information on Removal Orders, click here.
How Misrepresentation Can Affect You in the Future
As previously mentioned, there can be two outcomes that can come from the hearing. Your misrepresentation allegation can be dismissed or you can be issued a Removal Order. If you are issued a Removal Order, unfortunately, you will need to leave Canada. There can be three different circumstances for Removal Orders; they are a departure order, exclusion order or deportation order. A departure order requests that you leave Canada within 30 days of the Removal Order issuance and you must confirm with Immigration Canada before you exit. However, if you fail to leave within 30 days, your removal order will be changed to a deportation order. An exclusion order requests that you leave Canada which you must confirm with Immigration Canada before you exit. Also, depending on your specific circumstance, you will be banned from ever returning to Canada for up to five years. Lastly, a deportation order requests that you leave Canada which you must confirm with Immigration Canada before you exit. If you are requested to leave Canada through a deportation order, you will need to submit an “Authorization to Re-Enter Canada” (ARC) if you’d like to re-enter Canada in the future.
An Example of Misrepresentation: Sidhu V. Canada (2014 FC176)
In this particular case, the misrepresentation involved a citizen of India, Mrs. Prabhjot Kaur Sidhu. Mrs. Sidhu was applying to immigrate to Canada permanently. In 2010, she had previously applied and was rejected on the basis that she did not meet the required minimum points to qualify to immigrate to Canada. Therefore, in 2012, she attempted to apply once again; however, the Immigration officer that was reviewing her application noticed several concerns with the information she provided. There were three specific circumstances that were inconsistent. The first circumstance was the inconsistent information she provided with regards to her designation, job duties, and a project that she worked on with a colleague. The second circumstance was that she kept referring to her documents and application when the Immigration officer was interviewing her; this was extremely suspicious as she should know her information from experience. The third circumstance was that the letterhead and address that was provided for the company she worked for on the second application was different compared to her first application. Additionally, the employment dates were both dated May 1, 2008. Therefore, the information should have remained the same.
Ultimately, the applicant was given the opportunity to respond through a procedural fairness letter. She provided a multitude of documents, specifically, a statutory declaration from her colleague and the Director of the company, an updated employment letter as well as copies of the company’s attendance register.
Through further analysis, the Immigration officer refused the application and determined that Mrs. Sidhu was inadmissible to Canada due to misrepresentation. The reasoning behind the misrepresentation was because of the genuineness of the employment documents she had provided. To confirm the information on the documents, Immigration Canada made a telephone verification to confirm the details. Yet, there were more concerns raised when the phone call was made with regards to the information on the employment letter. Conclusively, the Immigration officer reasoned that Mrs. Sidhu, in fact, did not have the experience she had stated she had on her employment letter. As a result, her application was refused and she became inadmissible to Canada due to misrepresentation.
Contact Akrami & Associates
It is essential that you look through and analyze your application and documentation before submitting it to Immigration Canada. Failure to accurately analyze the application, and if there are any inconsistences, can result in an alleged misrepresentation. Fighting a misrepresentation allegation can be extremely stressful and difficult to pursue on your own and it is highly recommended that you seek out professional and experienced help before proceeding with an appropriate response. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients with misrepresentation allegations. If you need assistance, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!