What is Misrepresentation ?

Immigration & Refugee Protection Act (IRPA 40) considers a foreign national or a permanent resident as inadmissible to Canada for misrepresentation. Misrepresentation can be a direct or indirect misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the immigration & refugee protection act.

When does Misrepresentation occur?

Misrepresentation can occur anytime during the immigration application process or applying for visa to enter Canada.Any information that are not true or withholding any information that is known to the applicant at the time providing such information to Immigration, Refugees & Citizenship Canada or the CBSA are considered misrepresentation.

The consequence of Misrepresentation

A permanent resident or a foreign national continues to be inadmissible for misrepresentation for a period of 5 years following the determination (IRPA 40 2a). The applicant neither can make an application to return to Canada nor allowed to enter Canada for 5 years.

What is procedural fairness letter (PFL) & its elements

Immigration, Refugee Citizenship of Canada (IRCC) may find any applicant to have misrepresented if any material fact is not provided or withheld at the time of applying for immigration or visa to enter. However, IRCC by law is required to provide an opportunity to the applicant to respond and to address its findings. This process is termed as “Procedural Fairness”.

The procedural fairness has the following seven elements and note that time is of essence in responding to the allegation / findings by IRCC

Processing without undue delay

The right to fair and impartial decision-making

The applicant’s right to be heard

Whoever hears must decide

Legitimate expectation

The right to reasons

Decisions must be based on the Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR)

What should an applicant / foreign national / permanent resident do if Procedural Fairness Letter (PFL) is received?

Whitefield Immigration Consultancy Inc, encourages the recipient of the PFL to seek the professional advice of an immigration consultant (RCIC) in good standing or a law firm. Don’t risk your opportunity to respond on time with correct explanation. Whitefield Immigration Consultancy Inc, partners with leading Canadian Law Firms and transfers the case when deemed necessary to ensure our clients’ interest is protected at all times.