Misrepresentation
Misrepresentation — Salgado Law (Ontario)
What Is Misrepresentation Under Canadian Immigration Law
Misrepresentation in Canadian immigration is a serious ground of inadmissibility under section 40 of the Immigration and Refugee Protection Act (IRPA). Justice Laws Website+2Justice Laws+2 Section 40(1)(a) states that a permanent resident or foreign national can be deemed inadmissible if they directly or indirectly misrepresent or withhold “material facts” relating to an application in a way that could induce an error in how IRPA is applied to their case. Justice Laws Website
Material facts are those that are relevant and important to the immigration decision — things like prior visa refusals, past criminal history, employment or education details, or other information that could change how an officer assesses your case. Prudent Law+1
Why Misrepresentation Matters — The Risks
If IRCC or CBSA finds that misrepresentation occurred, the consequences can be severe:
- Five-year inadmissibility period: Under IRPA, once misrepresentation is determined, a person is barred from making further immigration applications (visas, PR, etc.) for five years, in many cases. Justice Laws Website+2Justice Laws Website+2
- Refusal of application: The current application will almost certainly be refused, regardless of other merits. A&M Canadian Immigration Law Corporation+1
- Loss of status: If the person is already a permanent resident and misrepresentation is discovered, there may be a removal order, potentially revoking their status. YA Law Corporation
Long-term credibility damage: Misrepresentation findings are recorded in IRCC systems, which may negatively influence future applications even after the inadmissibility period ends. The Way Immigration+1
How Salgado Law Helps Clients in Ontario
At Salgado Law, our approach to cases involving misrepresentation is strategic, compassionate, and rooted in deep legal knowledge:
- Detailed Assessment & Risk Analysis
- We carefully review every part of your application (forms, documents, past submissions) to identify where issues may arise.
- We evaluate whether the alleged misrepresentation is material under IRPA — sometimes errors or omissions may not actually trigger a finding. Prudent Law
- We analyze whether the misrepresentation was made directly by you or indirectly (for example, through a representative), and assess the legal risk accordingly. Canada
- Responding to Procedural Fairness Letters (PFL)
- Often, IRCC or CBSA will send a PFL when concerns about misrepresentation arise. We prepare thorough, evidence-based responses that explain the facts, provide context, and clarify honest mistakes.
- We work to show why an alleged misrepresentation may not have been “material” or why there was no intent to mislead. IRCC must prove misrepresentation on a balance of probabilities. Canada
- Appeals and Legal Remedies
- If an IRCC decision is made (e.g., a removal order or refusal), we explore appeal rights: Immigration Appeal Division (IAD) appeals may be available in some cases. IRB CISR
- In situations where appeal is not possible, we assess whether judicial review in Federal Court is an option, arguing procedural or legal errors made by the decision-maker. Kingwell Immigration Law
- We also consider Authorization to Return to Canada (ARC) or Temporary Resident Permits (TRP) if you are barred but need to return on compelling humanitarian grounds.
- Preventive Advice and Compliance
- We guide clients on how to fill out applications honestly, make full disclosures, and collect supporting documentation to minimize risk.
Why Choose Salgado Law for Misrepresentation Cases
- Immigration-specific expertise: Misrepresentation cases are highly technical and high stakes. Our team has deep experience navigating IRPA, the policy manual, and tribunal and court jurisprudence.
- Tailored, client-centered work: We treat each case uniquely, collecting the right evidence (character letters, expert reports, corrected documents) to support your narrative honestly.
- Clear, strategic advice: We explain legal risks and remedies in plain language, so you understand the trade-offs, options, and likely outcomes.
- Advocacy at every stage: From PFL responses to appeals or judicial review, we are ready to advocate for your rights based on fact-driven legal argumentation.