immlaw@akahlon.ca | +1 (647) 450-0000
Misrepresentation Matter

Misrepresentation Matter

Under Section 40(1) of the Immigration and Refugee Protection Act (IRPA), misrepresentation occurs when a person directly or indirectly provides false, misleading, or incomplete information to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).

Common examples of misrepresentation include:

  • Failing to disclose a previous visa refusal from another country.
  • Submitting forged or altered documents (e.g., falsified work experience or education credentials).
  • Not declaring a spouse, child, or dependent family member in an application.
  • Engaging in a marriage of convenience to obtain permanent residency.
  • Omitting previous criminal charges or immigration violations.

Even unintentional errors or mistakes made by an immigration consultant can lead to a misrepresentation finding. Innocent misrepresentation is not a valid defence - even if the applicant was unaware of the error, they are still held responsible.

At Kahlon Law Office, we recognize that allegations of misrepresentation can have life-altering consequences. Whether you are applying for immigration, already a permanent resident or citizen, or facing a five-year ban, misrepresentation findings can lead to visa refusals, inadmissibility, removal orders, and even loss of status.

Our firm has a proven record of success in misrepresentation cases, including securing two significant victories at the Federal Court of Canada:

  • Kaur v. Canada (Citizenship and Immigration), 2023 FC
  • Singh v. Canada (Citizenship and Immigration), 2024 FC 1369

Additionally, we have successfully negotiated Federal Court settlements for numerous clients facing misrepresentation bans. With our expert legal strategy and advocacy, we can help you fight allegations of misrepresentation and protect your future in Canada.

Who can be affected by misrepresentation?

1. Individuals facing allegations during the immigration process:

  • If IRCC believes your application contains misrepresentation, they will send a Procedural Fairness Letter (PFL) before making a final decision.
  • A strong legal response can prevent a misrepresentation finding and the resulting five-year ban from Canada.
  • Case law: In Sayedi v. Canada (Citizenship and Immigration), 2012 FC 420, the Federal Court ruled that misrepresentation remains valid even if corrected before a final decision is made.

2. Temporary residents facing misrepresentation allegations:

If you obtained a work permit, study permit, or visitor visa through misrepresentation, you may face serious consequences, including a finding of inadmissibility. Immigration authorities can cancel your visa or permit, deny future applications, and issue a removal order, forcing you to leave Canada.

If IRCC or CBSA discovers that misrepresentation was involved in obtaining your temporary status, you may be required to attend an admissibility hearing at the Immigration Division (ID) of the IRB. A negative decision could lead to immediate loss of status and removal from Canada.

Case law: In Tofangchi v. Canada (Citizenship and Immigration), 2012 FC 427, the Federal Court ruled that even if a misrepresentation was made by an immigration consultant or third party, the applicant is still held responsible and can be deemed inadmissible.

If you are a worker, student, or visitor facing allegations of misrepresentation, contact Kahlon Law Office immediately to discuss your legal options. We have successfully represented clients in admissibility hearings, Federal Court challenges, and TRP applications to help them remain in Canada.

3. Permanent residents & citizens facing misrepresentation allegations:

  • If you obtained permanent residency (PR) or citizenship through misrepresentation, you may be called for an admissibility hearing at the Immigration Division of the Immigration and Refugee Board (IRB).
  • If found inadmissible, you could face revocation of PR or citizenship and be removed from Canada.
  • Case law: In Mohammed v. Canada (Minister of Citizenship and Immigration), [1997] 3 F.C. 299, the Federal Court confirmed that intention is irrelevant—even accidental misrepresentation can lead to removal.

4. Individuals who have already been banned for misrepresentation:

  • If you have received a five-year ban, you may be eligible to apply for a Temporary Resident Permit (TRP), which can allow you to visit Canada despite inadmissibility.
  • We have successfully helped clients overcome misrepresentation bans through well-prepared TRP applications.
  • Case law: In Medel v. Canada (Minister of Employment and Immigration), [1990] 2 F.C. 345, the court established that some exceptions exist for innocent misrepresentation, which we can argue where applicable.

5. People applying for permanent residency despite inadmissibility:

  • If you are inadmissible due to misrepresentation but wish to apply for permanent residency, you may seek an exemption under humanitarian and compassionate (H&C) grounds.
  • H&C applications require demonstrating exceptional hardship, establishment in Canada, or the best interests of children to override inadmissibility under IRPA and the Immigration and Refugee Protection Regulations (IRPR).

We have successfully assisted clients in securing exemptions and obtaining PR despite misrepresentation findings.

How can Kahlon Law Office help you?

With extensive experience in Federal Court litigation, admissibility hearings, and appeals, Kahlon Law Office provides comprehensive legal representation for individuals facing misrepresentation issues.

  • Procedural Fairness Letter (PFL) Responses: A carefully crafted legal response can prevent a misrepresentation finding and a five-year ban.
  • Admissibility Hearings at the IRB: If you are already in Canada and facing removal for misrepresentation, we can represent you before the Immigration Division (ID) of the IRB.
  • Federal Court Judicial Reviews: We challenge unfair misrepresentation decisions in Federal Court and have a proven record of success.
  • Temporary Resident Permits (TRP) for People with a Five-Year Ban: If you are inadmissible but need to visit Canada, we can help you apply for a TRP to overcome the ban.
  • Humanitarian & Compassionate (H&C) Applications: If you are inadmissible but applying for permanent residency, we can argue for an exemption based on humanitarian factors.
  • Settlements & Negotiations: Our firm has successfully negotiated Federal Court settlements for numerous clients, allowing them to overcome misrepresentation bans.

Why choose Kahlon Law Office for your misrepresentation matter?

  • Proven Federal Court Success: We won two major misrepresentation cases (Kaur v. Canada, 2023 FC and Singh v. Canada, 2024 FC 1369), setting key legal precedents.
  • Expertise in Admissibility Hearings & Appeals: We represent clients before the Immigration Division (ID), Immigration Appeal Division (IAD), and Federal Court.
  • Comprehensive Legal Strategy: Every case is unique—we build customized, aggressive defense strategies to protect your immigration status.
  • Results-Driven Advocacy: We have successfully overturned misrepresentation findings, secured exemptions, and helped clients return to Canada.

If you are facing a misrepresentation allegation, act now before it’s too late. Contact Kahlon Law Office today for a confidential consultation.

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Email: immlaw@akahlon.ca

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