How to Fight Misrepresentation in an Immigration Case (Canada)

A misrepresentation allegation is one of the most stressful problems in Canadian immigration law because the consequences can be severe: refusal, a removal order, and a multi-year bar from returning to Canada. Under the Immigration and Refugee Protection Act (often called the “Refugee Protection Act” by clients), a permanent resident or foreign national can be found inadmissible to Canada for directly or indirectly misrepresenting or withholding material facts that could induce an error in the administration of the law.

Recognizing When You Might Be Accused of Misrepresentation

Misrepresentation allegations usually show up in one of these ways:

• A procedural fairness letter from Citizenship Canada / Citizenship and Immigration (IRCC), asking you to respond in a short timeframe.

• A refusal decision where the visa officer or immigration officer says you provided false information, made a false representation, or omitted material facts.

• A report or enforcement step involving the Canada Border Services Agency (CBSA), sometimes leading to an admissibility hearing at the Immigration Division and possibly a removal order.

• In some cases, misrepresentation is raised after status is granted (for example, after permanent residence is approved), which is when the stakes can become even higher.

Common triggers: what officers focus on

Misrepresentation allegations often relate to “big” credibility or eligibility facts, including:

• Previous visa refusals (including a US visa refusal) and broader immigration history

• Undisclosed family member (spouse, child, dependent), or changes in family composition

• Incorrect work history or education details (titles, dates, duties)

• Undisclosed criminal history or court outcomes

• Documents that appear altered, inconsistent, or not verifiable (banking, employment letters, civil status docs)

• Problems caused by a third party: immigration consultant, licensed immigration consultant, translator, recruiter, or even a family member who prepared the forms

Immediate Steps to Take If Alleged (Procedural Fairness and Timing)

If you receive a procedural fairness letter, treat it like a legal deadline, not a “request for more documents.”

What to do in a timely manner

1. Stop and preserve your evidence: download the full application, uploaded documents, portal submissions, email receipts, and any drafts.

2. Identify the exact allegation: what is the alleged misstatement, what document is questioned, what answer is said to be incomplete, what “material fact” is missing.

3. Do not guess: guessing creates contradictions. If you do not know, say so and explain how you are verifying.

4. Request GCMS notes if appropriate (this will not solve the immediate deadline, but helps long-term).

5. Get legal advice early: responding early with a strong record can prevent a final misrepresentation finding.

Why your response strategy matters

A well-built response usually does three things at once:

• Explains the relevant information clearly (timeline + documents)

• Addresses materiality (why it would not have changed the decision, or why the officer’s concern is based on a misunderstanding)

• Addresses intent (why this was an innocent mistake or innocent misrepresentation, if that is the truth)

Building Your Defence Under Canadian Immigration Law

To fight a misrepresentation allegation, your defence generally focuses on these legal questions:

• Was there actually a misrepresentation? (Was the information truly untrue, misleading, or incomplete?)

• Was it material? (Did it induce or could it induce an error in the administration of the law?)

• Who made it? (You, your representative, or someone else. “Indirectly misrepresenting” still counts under IRPA.)

• What is the record? (Do the documents objectively support your explanation?)

Under IRPA section 40, misrepresentation can apply to both a foreign national and a permanent resident, and it captures both direct and indirect conduct.

Your options depend on your status and where the decision happened

Demonstrating Lack of Intent

A key point clients miss: even an innocent mistake can lead to the same penalties as intentional misrepresentation. That is why your “I did not mean it” response must be supported with evidence.

If the error was truly outside your control, build the record to prove that you could not reasonably have known it was wrong at the time.

Correcting Errors and Submitting Evidence

What “relevant evidence” looks like in misrepresentation cases

To respond to misrepresentation allegations, you usually want a compelling package:

• A clear affidavit or detailed statement (chronology, what happened, what you believed, what you did)

• Supporting documents that are verifiable and consistent

• A structured explanation that addresses each allegation point-by-point

• Where appropriate, third-party confirmation (employer letters, school verification, bank letters, court records)

Potential Outcomes and Severe Consequences (Including the 5-Year Bar)

If an officer concludes you committed misrepresentation, the consequences can include a refusal, loss of status, and a bar from Canada.

The 5-year bar: inside vs outside Canada

IRPA section 40 sets the inadmissibility period. The five-year period is calculated differently depending on where the determination occurs:

• Outside Canada: the five-year period runs from the final determination of inadmissibility.

• In Canada: the five-year period runs from the date the removal order is enforced.

This distinction matters when you are advising on timing, future applications, and whether there is any path to return sooner.

Other long-term impacts

• A misrepresentation record can continue to shape how immigration authorities view future applications, even after the bar ends.

• Dependent family members can be affected in certain scenarios, especially where the underlying application included them or where the factual matrix overlaps.

Federal Court, Judicial Review, and Deadlines

For many foreign nationals (especially outside Canada), the primary remedy after a refusal is judicial review at the Federal Court of Canada.

Key timing rule

Under IRPA, the deadline to start a judicial review is:

• 15 days after you are notified of a decision made in Canada

• 60 days after you are notified of a decision made outside Canada

If you miss these deadlines, you may lose your best litigation option.

What the Federal Court can and cannot do

• The Federal Court does not “re-decide” your application like a new officer.

• The Court looks for legal errors, unreasonable findings, and breaches of procedural fairness.

• If you win, the usual outcome is a new decision by a different officer (a re-determination).

Immigration Appeal Division (IAD) Appeals and Humanitarian Relief

If you are a permanent resident facing a removal order for misrepresentation, you may have a right of appeal to the Immigration Appeal Division (IAD) in many cases.

The IAD process is document-heavy: you review the appeal record, prepare your evidence, and present testimony. The IRB’s guide to preparing an immigration appeal is a helpful starting point for understanding steps and timelines.

Using Humanitarian and Compassionate Grounds (H&C)

At the IAD, you often have two lanes:

1. Fight the allegation: show no misrepresentation occurred, or it was not material.

2. H&C relief: even if misrepresentation occurred, argue that humanitarian and compassionate factors justify allowing the appeal.

Strong H&C records often include:

• Establishment in Canada (work, taxes, community ties)

• Best interests of affected children

• Medical and caregiving responsibilities

• Hardship upon return

• Rehabilitation and overall credibility

Common Mistakes That Strengthen Misrepresentation Allegations

These errors often make a bad situation worse:

• Ignoring the procedural fairness letter or responding late

• Sending new documents without explaining inconsistencies

• Arguing only “I did not know” without proof

• Trying to “fix” a record by submitting questionable documents

• Failing to disclose previous visa refusals, including a US visa refusal

• Minimizing facts that an officer will see as material facts

• Relying on an unregulated agent or an immigration consultant who is not accountable, then submitting a response that blames them without evidence

If the Misrepresentation Finding Stands: TRP and Other Mitigation Strategies

Temporary Resident Permit (TRP)

A Temporary Resident Permit may be an option in such circumstances where there is a strong reason to enter Canada despite inadmissibility. It is discretionary, and the record needs to show a compelling need, strong compliance plan, and credible documentation.

This is not a “reset,” but it can be a practical bridge in urgent situations.

Seek Help from AKM Law to Fight Misrepresentation Charges

If you have received a procedural fairness letter, a refusal alleging misrepresentation, or a CBSA allegation, you want to act early and you want a plan that is built around evidence and the legal test.

At AKM Law, we can help you:

• assess whether IRCC or CBSA is really alleging a material misrepresentation under IRPA section 40

• prepare a strong PFL response with a structured evidence package

• advise whether an IAD appeal is available (permanent residents)

• file a Federal Court application for leave and judicial review when that is the correct route, within the IRPA deadlines

Frequently Asked Questions

Can “innocent misrepresentation” still lead to a five-year ban?

It can, depending on the facts and the officer’s reasoning. Federal Court cases have repeatedly emphasized that where a five-year inadmissibility consequence is at stake, officers need to meaningfully engage with explanations like honest mistake and with materiality.

What is a procedural fairness letter (PFL)?

A PFL is a notice from IRCC that there is a serious concern in your file (often credibility, authenticity, or misrepresentation). It gives you a chance to respond before a final decision. Treat it as a high-stakes legal step.

Can my family members be affected?

Yes. Misrepresentation findings can create serious consequences for the principal applicant and can also affect dependent family members in different ways depending on the application type and status history. This is one reason to address allegations early and carefully.

If I lose, is there any way to come to Canada during the inadmissibility period?

Sometimes, depending on your status and purpose, a Temporary Resident Permit (TRP) may be an option. It is discretionary and requires a strong justification and careful risk framing.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.