Misrepresentation occurs when information is provided to Immigration, Refugees and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete.

Examples of misrepresentation: did not disclose a previous refusal to Canada or another country, included incorrect facts about past work experience, education or travel history, a document which has been forged or altered was included in a previous application, failure to disclose information on a previous application regarding criminal charges (even those that were dismissed), or offences for which they were charged

It is highly recommended that you get competent and experienced counsel.

If IRCC or CBSA believe your application can be considered misrepresentative, they will send you a Procedural Fairness Letter (PFL) before they reach a final decision regarding your case. This is an opportunity to respond to the concerns of the officer.

If you are facing misrepresentation allegations, you might have the following options:

• Apply for a Temporary Resident Permit
• Apply for an Authorization to Return to Canada (ARC)
• Challenge the decision to the Federal Court by filing for a Judicial Review
• Apply for immigration with H&C considerations

Honest mistakes and errors happen (due mainly to the complex nature of the immigration process) and there’s a difference between fraudulent, negligent and innocent misrepresentation. The onus is on the applicant to show that there was no malice or ill intent.

Did you receive a Procedural Fairness Letter? We can Help.