Applicants have a duty of candour to provide complete, honest and truthful information when applying to enter or remain in Canada, failing which a misrepresentation finding may be rendered.[1] A misrepresentation occurs where a person directly or indirectly misrepresents or withholds material facts relating to a relevant matter that induces or could induce an error in the administration of the Act. In other words, failure to disclose information or providing false information or documents is deemed misrepresentation which has grave consequences.
Myriad cases litigated before the Courts give a comprehensive understanding of the concept of misrepresentation. The Courts have held that intention is not a prerequisite for misrepresentation, hence, a lack of awareness of the misrepresentation at the time of its making, including an accidental omission, is satisfactory.[2] For instance, in the recent case of Sun v. Canada (C.I), 2020 FC 477 the Court upheld as reasonable, the Immigration Appeal Division's decision finding that the applicant had misrepresented the fact that he was in a common-law relationship; the applicant unsuccessfully contested on the basis that he lacked knowledge of the common-law concept as it is not recognized in his culture.[3] Other instances in which a misrepresentation finding may be made include: failing to disclose the use of a representative[4]; omitting to mention a previous visa refusal whether in Canada or from a different country[5]; entering into marriages of convenience[6]; or providing fraudulent documentation or incorrect information.[7]
In the context of acquiring Canadian citizenship, the Citizenship Act provides that a person’s citizenship or renunciation of citizenship may be revoked if the person obtains, retains, renounces or resumes citizenship by false representation, fraud, or knowingly concealing material information. Where the misrepresentation is found to have been made during the citizenship process only, the person will revert to permanent resident status. If the person’s citizenship was revoked on grounds that they became a permanent resident by false representation, fraud or knowingly concealed material information, the person will revert to foreign national status. [8]
As can be determined from the above, the consequences are severe. In fact, a finding of misrepresentation may bar a person from entering Canada for a period of 5 years; special authorization in such case is required to re-enter or enter Canada. Furthermore, a person may also be barred from applying for Canadian citizenship for a period of 10 years where a finding has been made.[9]
To learn more about misrepresentation, you can send us an email at info@johnsonlawils.com or contact us using our contact form.
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