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REFUSAL

Misrepresentation Finding Set Aside After Procedural Fairness Breach

A permanent residence refusal and five-year ban were overturned after the Federal Court found that the applicant had not been given a meaningful opportunity to answer the allegations against him.

The Client

Our client sought help after his permanent residence application was refused based on allegations that he had deliberately misrepresented his employment history. The finding made him inadmissible to Canada for five years and left a serious allegation of dishonesty on his immigration record.

The Evidence

The officer’s concerns were based primarily on a site-visit report prepared after officials visited an outdated workplace address. The report was not provided to our client before the decision, and the procedural fairness letter referred only generally to concerns about his
work experience.

Unified Immigration Lawyers' Strategy

Our legal team argued that the government could not make a serious finding of deliberate misrepresentation while withholding the evidence behind the allegation. We demonstrated that the vague fairness letter left our client guessing about the case he was expected to answer.

The Outcome

The Federal Court allowed the judicial review and set the refusal aside. The Court held that procedural fairness protections are heightened when a refusal may result in a misrepresentation finding and a five-year ban.

This decision became an important authority in Canadian immigration law, reinforcing that the more serious the consequences facing an applicant, the greater the need for a clear, transparent and fair process.

Other Cases

Spousal Sponsorship Appeal Allowed Despite Prior Omissions

A spousal sponsorship appeal succeeded after the tribunal assessed prior omissions in context and found that the marriage was genuine.

Sponsorship Appeal Expedited After Government File Error

A spousal sponsorship appeal was allowed after the government discovered that the document said to be missing had been in its own file throughout the case.

Sponsorship Appeal Allowed Despite Misrepresentation Finding

A spousal sponsorship appeal succeeded on both the genuineness of the marriage and humanitarian relief from a misrepresentation finding.

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