Being found inadmissible to Canada involving misrepresentation is becoming gradually increasing. According to section 40(1) (a) of the Immigration and Refugee Protection Act (“IRPA”) of Canada, if a permanent resident or foreigner directly or indirectly misrepresents or withholds facts relating to themselves, the individuals are prohibited from entering Canada, applying for a visa, or permanent residence for 5 years. Also if you are currently in Canada, you may receive an order of deportation, your legal status will be revoked and you will be marked under the Immigration, Refugees and Citizenship Canada (“IRCC”) fraud record.
Misrepresentation is an intentional change of facts or information to another person. It is broadly worded in the IRPA and, therefore, it is broadly interpreted. Misrepresentation occurs when information is provided to the IRCC or Canada Border Services Agency (“CBSA”) that is inaccurate, inconsistent, or not complete. Misrepresentation is an intentional change of facts or information to another person. It is broadly worded in the IRPA and, therefore, it is broadly interpreted. Misrepresentation occurs when information is provided to the IRCC or Canada Border Services Agency (“CBSA”) that is inaccurate, inconsistent, or not complete.
Misrepresentation is defined in section 40(1)(a) of the IRPA.
40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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 this Act;
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
(d) on ceasing to be a citizen under
(i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,
(ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or
(iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.
Application
(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
(b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.
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