Canada’s Federal Court has set aside a five-year inadmissibility decision against an immigration applicant. The decision comes after the immigration officials did not adequately explain the concerns behind an alleged misrepresentation. The ruling shows the importance of procedural fairness where the applicants are given enough opportunity to respond to a misrepresentation before a finding is made.
Under Section 40 of Canada’s Immigration and Refugee Protection Act (IRPA), misrepresentation can result in five years of inadmissibility which will potentially
restrict access to Canadian visas and permits.
The latest decision reinforces the need for fair immigration procedures. Furthermore, it reminds applicants to provide accurate, complete and verifiable information in their applications.
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