If you’re facing inadmissibility due to misrepresentation in Canada, you have several options: seeking judicial review through Federal Court, applying for a Temporary Resident Permit (TRP), requesting relief on humanitarian and compassionate grounds, or applying for Authorization to Return to Canada (ARC) after an exclusion order.
Being deemed inadmissible to Canada for misrepresentation can be devastating. A finding of misrepresentation can result in a 5-year ban from entering Canada, denial of current and future applications, and even removal from the country if you’re already here. This determination can separate families, derail career plans, and create significant uncertainty about your future.
Our immigration lawyers at Kingwell Immigration Law understand how stressful and overwhelming this situation can be. We’ve helped numerous clients successfully challenge misrepresentation findings, respond effectively to Procedural Fairness Letters, and manage the complex appeals process.
In one case, we helped a Pre-Removal Risk Assessment applicant from Nigeria win an appeal to the Federal Court after IRCC rejected her application, with the Court finding that the officer had failed to consider important evidence.
Our inadmissibility to Canada lawyer will help you manage the complexities of fighting a misrepresentation finding and work toward achieving your immigration goals.
Fighting a finding of inadmissibility requires strategic legal guidance, detailed documentation, and emotional resilience. Every case is unique — some may involve judicial review through the Federal Court of Canada, others may require reapplying after the five-year ban expires, or requesting an Authorization to Return to Canada.
If you believe the immigration officer made an error in the administration of the Immigration and Refugee Protection Act when finding you inadmissible for misrepresentation, you can challenge this decision through judicial review. This process must typically be initiated within 15-60 days of receiving the decision, depending on where the determination was made.
Our team can help prepare a comprehensive application for leave and judicial review, arguing why the decision was unreasonable or procedurally unfair. If successful, the Court won’t overturn the decision but will send your case back to a different officer for reconsideration.
We’ve represented numerous clients in the Federal Court and secured positive outcomes in cases where officers failed to properly consider evidence or made unreasonable findings.
A TRP can allow you to enter or remain in Canada temporarily despite being inadmissible due to misrepresentation. This option is particularly valuable if you have compelling reasons to visit Canada, such as family obligations, business matters, or humanitarian concerns.
To succeed, you’ll need to demonstrate that your need to enter Canada outweighs any risk to Canadian society. The application requires detailed documentation explaining your situation, acknowledging the misrepresentation, and showing why your presence in Canada is justified.
TRPs are discretionary and can be valid for varying periods, from a single entry to several years, depending on your circumstances.
An H&C application allows immigration officers to consider exceptional circumstances that may justify granting permanent residence despite inadmissibility. This option examines factors such as establishment in Canada, family ties, best interests of children, and hardship you would face if unable to immigrate to Canada.
H&C applications are comprehensive and must explain why your situation merits special consideration. They’re assessed on a case-by-case basis and require strong evidence of exceptional circumstances.
While not guaranteed, this pathway has helped many clients overcome inadmissibility when other options weren’t viable.
If you’re outside Canada and have received an exclusion order due to misrepresentation, an ARC application can allow you to return before the five-year ban expires. This process requires demonstrating rehabilitation, acknowledging the misrepresentation, and explaining why allowing your return would not undermine the integrity of Canadian immigration law.
ARC applications are particularly appropriate when you have compelling circumstances such as family reunification or important business interests in Canada.
💡 If your case was denied outside Canada, you may also need a Temporary Resident Permit (TRP) to return — even to challenge the decision.
Misrepresentation under Section 40 of the Immigration and Refugee Protection Act occurs when a visa applicant directly or indirectly misrepresenting or withholding material facts that could induce an error in the administration of the Act. This includes providing false information, omitting relevant facts, or submitting misleading documents to IRCC or the Canada Border Services Agency.
Importantly, misrepresentation doesn’t require intent — even innocent misrepresentation can trigger inadmissibility. The key factor is whether the information was material to the decision-making process, not whether you meant to mislead.
Misrepresentation can be committed directly (by the applicant themselves) or indirectly (such as through an immigration consultant or representative who provides incorrect information). Either way, the applicant bears responsibility for all information in their application.
Additional reading: how to win an admissibility hearing
Hypothetical example: A student applied for a study permit but failed to disclose a U.S. visa refusal on their application. Months later, they were banned for misrepresentation when this omission was discovered during a routine verification process.
A person who is determined to be inadmissible to Canada for misrepresentation faces severe consequences. The most significant is a five-year ban from entering Canada following the final determination of inadmissibility. During this period, the foreign national continues to be inadmissible and generally cannot obtain any immigration status in Canada.
For permanent residents, a misrepresentation finding can lead to removal orders and loss of status. If the determination in Canada occurs after you’ve received permanent residence, you could face deportation proceedings.
Family members can also be affected. If you’re sponsored by a person who commits misrepresentation, your application might be rejected. Similarly, dependents included in your application may face the same inadmissibility finding.
Even after the five-year period ends, the history of misrepresentation remains on your file and may influence future immigration applications.
⚠️ A finding of misrepresentation can permanently affect your future immigration options — even if it was a mistake.
A Procedural Fairness Letter is not a final decision but an opportunity to address concerns before the visa officer makes a determination. Receiving this letter means there are doubts about the accuracy or completeness of information in your application. You typically have 30 days to respond to these concerns.
Our team will guide you through each step, helping you understand the allegations, gather compelling evidence, draft a persuasive response, and ensure everything is submitted properly and on time.
Yes — depending on your status, you may have options to appeal a misrepresentation finding through the Immigration Appeal Division (IAD) or seek judicial review through the Federal Court. The specific appeal rights vary based on whether you’re a permanent resident or a foreign national, and whether the determination was made within Canada or outside Canada.
| Pathway | Eligibility | Outcome |
|---|---|---|
| IAD Appeal | PRs, certain family sponsorship refusals | Possible reversal of decision |
| Judicial Review | Anyone refused by IRCC or CBSA | Remand to new officer |
| ARC/TRP | Foreign nationals with bans | Temporary reentry permission |
Permanent residents facing removal orders for misrepresentation have a right to appeal to the Immigration Appeal Division. Canadian citizens or PRs who sponsored a family member whose application was refused may also appeal to the IAD.
Foreign nationals without PR status generally cannot appeal to the IAD but may seek judicial review through the Federal Court if they believe there was a legal error in the decision-making process.
💡 Responding early with legal support can increase your chances of overcoming a misrepresentation finding.
At Kingwell Immigration Law, we provide comprehensive support throughout the entire process of addressing misrepresentation concerns in Canadian immigration law. Our approach begins with a thorough assessment of your case to identify the strongest pathways forward.
For clients facing allegations through a Procedural Fairness Letter, we help prepare detailed, evidence-based responses aimed at preventing a final determination of inadmissibility. We’ll analyze the specific concerns raised by the immigration officer and develop a strategic approach to address each one.
If you’ve already received a negative decision, we will represent you before the Immigration Appeal Division or Federal Court. Our experience with judicial reviews has helped many clients secure a second chance at fair consideration of their case.
In one notable case, we represented a Pre-Removal Risk Assessment applicant from Iran who maintained he was at risk for attending political demonstrations. IRCC refused his application, finding that he had not provided sufficient evidence of risk. We appealed to the Federal Court and the decision was overturned, with the Court agreeing that the officer had improperly rejected new evidence of ongoing danger.
Contact us online or call today at (416) 988-8853 to discuss how we will help you overcome inadmissibility challenges and move forward with your immigration goals.
In most cases, you can remain in Canada while a procedural fairness process is ongoing. However, once a final determination is made, you may receive a removal order. Your current status, the stage of proceedings, and whether you’ve applied for a stay of removal will determine if you can stay while challenging the decision.
Unfortunately, Canadian immigration laws do not generally distinguish between intentional deception and innocent misrepresentation. The focus is on whether the information was material to the decision, not your intent. However, the unintentional nature may be relevant when seeking discretionary relief through a TRP or H&C application.
Yes, even after the five-year ban expires, a previous finding of misrepresentation remains on your record and may affect how future immigration officers assess your credibility. Full disclosure and explanation of past misrepresentation will be essential in all future applications to demonstrate rehabilitation and honesty.
Yes, if you obtained status based on information provided by a family member that turns out to be misrepresentation, your own status could be at risk. Similarly, if you’re the principal applicant who committed misrepresentation, your dependents may also be found inadmissible, even if they were unaware of the issue.
Our licensed immigration lawyers provide comprehensive support tailored to your situation, including responding to Procedural Fairness Letters, preparing applications for temporary permits or humanitarian consideration, representing you in appeals or judicial reviews, and developing long-term strategies to overcome inadmissibility and achieve your immigration goals.
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