Canada Immigration Case-law Canada, Paashazadeh, IMMIGRATION — Inadmissible and removable classes — Misrepresentation by Joy Stephen, Polinsys

Benit Varghese Caselaws 0 Comments

Judgement for this Case: Click here!

IMMIGRATION — Inadmissible and removable classes — Misrepresentation — Mens rea — Material fact — Foreign national was citizen of Iran who applied for permanent residence under Federal Skilled Worker (FSW) category — Foreign national listed former positions as work experience on application but did not disclose position at A which she held full time at time of application — Foreign national contended that she did not believe that it was necessary to report this employment since she had already fulfilled employment experience requirements of FSW class — Foreign national contended that she did not intentionally withhold this information and had honestly believed that it was immaterial to her application — Program Manager refused application on basis that foreign national had misrepresented her employment under s. 40(1) of Immigration and Refugee Protection Act (Can.) and therefore did not qualify for permanent residence in Canada — Program Manager found that misrepresentation or withholding of this/these materials fact(s) induced or could have induced errors in administration of Act because complete and accurate employment history was material to assessment of her eligibility and admissibility — Foreign national applied for judicial review — Application dismissed — Foreign national was clearly aware that she was employed at A at time of application, so her statement that she did not know she was making misrepresentation within meaning of s. 40 of Act lacked merit — Even if foreign national’s omission could be characterized as innocent mistake, it would still fall within s. 40(1) of Act because it has been held to encompass innocent failures to provide material information — Misrepresentation need not be decisive or determinative to be material; it must only be important enough to affect process — Failure (innocent or otherwise) to supply truthful, complete and correct application is material because it prevents reviewing officer from assessing all of foreign national’s personal facts and to verify all of information concerning foreign national to determine whether he or she was properly admissible to Canada

Leave a Reply

Your email address will not be published. Required fields are marked *