Misrepresentation can have serious as well as far-reaching consequences for a Canada immigration candidate.
By ‘misrepresentation’ is implied a false statement of fact – either deliberately or unknowingly – made by an individual that might affect the decision of the other.
According to Immigration, Refugees and Citizenship Canada [IRCC], misrepresentation will be considered a serious crime and involves lying, or sending “false information or documents” to the federal government of Canada.
Document fraud is when false or altered documents are submitted to IRCC. Such documents can be visas, passports, diplomas, degrees, birth/death/marriage/police certificates etc.
Lying – either on an application or in an interview with an IRCC officer – will be considered by IRCC to be a fraud as well as a crime.
In Muniz v. Canada [Citizenship and Immigration], 2020 FC 872 (CanLII), the visa officer’s finding of misrepresentation led to the applicant, Carmen Azucena Cabello Muniz, being found to be inadmissible to Canada for 5 years.
Summary of the case
In February 2019, applying for an Electronic Travel Authorization or eTA for Canada, Muniz was found to have not answered truthfully.
To the question ““Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country or territory?”, Muniz answered ‘no’.
A citizen of Mexico, Muniz, had an extensive Canada immigration history spanning 2013 to 2019.
During this period, Muniz was granted a visitor visa, several work and study permits, as well as visitor records.
Nevertheless, Muniz was later denied a Canada Post-Graduate Work Permit [PGWP] and a visitor record extension.
As per the notes on the eTA application, Muniz was denied a visitor record extension due to bona fides concern. However, the notes do not divulge whether such concerns had been communicated to Muniz at the time.
Later, on being sent a procedural fairness letter regarding the misrepresentation, Muniz explained that “there was a misunderstanding about the question” and that she had not intended to “lie about her information”. Muniz had responded the same day by email, attaching the refusal letters from IRCC.
In view of the past experience of Muniz with the Canadian immigration system, her argument of there being a ‘misunderstanding’ was found to be weak by the officials. Further, the response by Muniz did not alleviate the concerns of misrepresentation in Canada immigration.
IRCC takes serious note of lying in any Canada visa application or interview with an IRCC officer.
Along with the application being rejected, sending false information or documents to IRCC can lead to other consequences as well.
Those found by IRCC to have misrepresented themselves, might be –
|· Forbidden from entering Canada for at least 5 years|
|· Given a permanent record of fraud with IRCC|
|· Denied of their status either as a Canadian permanent resident or citizen of Canada|
|· Charged with having committed a crime|
|· Removed from Canada|
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