fbpx
Specialists in Immigration Litigation & Inadmissability
20 Eglinton Ave. West, Toronto ON
Mon-Fri 9:00 - 6:00
Call 416-787-6505 Toll Free 1-877-787-8850

Misrepresentation

Has your immigration case been refused based on Misrepresentation?
Have you received a procedural fairness letter?
At Bellissimo Law Group PC we can help!


Findings of immigration inadmissibility (not allowed entry into Canada or are being removed from Canada) on the basis of immigration misrepresentation are becoming increasingly common following the passage of the Faster Removal of Foreign Criminals Act. The Immigration and Refugee Protection Act increased the bar for inadmissibility from 2 to 5 years so immigration misrepresentation findings are even more significant now because a foreign national or permanent resident is also barred for 5 years from making an application to return to Canada.

Who can be found to be inadmissible for misrepresentation?

The Immigration and Refugee Protection Act (IRPA) sets out that a foreign national or permanent resident can be found to have misrepresented for many reasons some of which include:

  • Providing information to Immigration, Refugee and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete, and that as a result has or could induce an error in the administration of the IRPA;
  • Withholding material facts from IRCC or CBSA that are relevant to the matter and that, as a result, has or could induce an error in the administration of the IRPA;
  • Being sponsored by an individual who has been found to be inadmissible for misrepresentation;
  • Following the vacation of a decision to allow of a claim or application for refugee protection; or
  • Following cessation of citizenship based on a determination that this status was obtained by false representation or fraud or knowingly concealing material circumstances.

Examples of material misrepresentations (that could induce an error) would be:

  • Failure to declare that you have been refused a visa for another country;
  • Providing a document that is found to not be genuine;
  • Failure to mention a family member;
  • Declare employment experience which you do not have; or
  • Engage in a non-genuine marriage.

Examples of non-material misrepresentations (that could not induce an error) or is of limited relevance could be in certain circumstances:

  • Reversing the date and month of birth on an application;
  • Indicating being single when widowed; or
  • Providing correct and consistent information on multiple forms except one.

Misrepresented information can be provided (or omitted) by the main (principal) applicant, a family member, or your representative. In all cases, it is the principal applicant who is at fault – even if they did not know the misrepresentation occurred.

Deciding misrepresentation

The process for finding a migrant inadmissible for immigration misrepresentation requires that the foreign national or permanent resident first be provided with the opportunity to respond to the allegations, which should be set out either during an interview with a decision maker or in a Procedural Fairness Letter (PFL). If the allegations are set out in a PFL, the foreign national will be given a specific amount of time to respond on paper or in very limited circumstances by interview. 

Where the application was made outside of Canada, the foreign national or permanent resident must provide a response to the Visa Officer who identified the potential misrepresentation. The Visa Officer will then assess these submissions and make a final decision. If the finding of misrepresentation stands, then the applicant will receive a 5-year bar on re-application. Comparatively, if the foreign national or permanent resident makes the application from within Canada, then they must address their reply to IRCC (or at times the CBSA). If after reviewing these submissions the officer continues to believe that the foreign national or permanent resident has misrepresented themselves, they could be required to attend an interview with IRCC or the CBSA, followed in certain circumstances by a hearing before the Immigration Division, where a removal order may be issued. Permanent residents may in some cases appeal this removal order to the IAD. Everyone else can challenge the removal order at the Federal Court. The 5-year bar will commence once the foreign national or permanent resident is removed from Canada.

How can Bellissimo Law Group PC help?

Misrepresentation findings will have a significant impact on all future interactions with IRCC and the CBSA as well as Employment Development and Skills Canada (ESDC). It is therefore very important to carefully address these allegations, with the help of experienced counsel.  At Bellissimo Law Group PC we have assisted our clients in handling misrepresentation allegations in a multitude of ways, including first by working carefully and diligently to ensure consistency on applications in order to pre-emptively avoid the possibility of misrepresentation. If an allegation of misrepresentation has already been raised by IRCC, however, we can still assist, including by investigating possible defences, such as the absence of a misrepresentation, an innocent error exception or materiality.  Finally, where an inadmissibility decision has been made by the IRCC or the CBSA, then Bellissimo Law Group PC can assist with challenging this decision. Bellissimo Law Group PC has significant experience representing our clients at all levels of the process and are responsible for some of the leading cases in the law.  This included working on allegations of misrepresentation, at the Immigration Division, the Immigration Appeal Division, and the Federal Court. Please review our testimonials to see what our clients say who have worked with Bellissimo Law Group PC on immigration misrepresentation cases.  Misrepresentation cases can be strongly complex and we recommend you obtain representation.   

Contact Us Today

Inadmissibility Testimonials

Important Immigration Court Decisions



What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19
Great service! I had a lot of questions prepared and Viola answered each and every one of them articulately and concisely. I definitely recommend Bellissimo!
RYAN COWLEY
RYAN COWLEY
17:39 30 Jul 19
Hands down i would never done it by myself if it wasn't for Mr. Mario and Ms. Anderson hard work, I was facing deportation and they helped me step by step to get through it to be honest I am very forgetful person and Ms. Anderson always keep me on track and follow up with me making sure i get things done and send to her and they always keep me updated on everything, I am no longer facing such difficulties and i can stay in Canada. i would recommend Bellissiomo Law Group to all friends and Family. thank you again.
Omid Rezaee
Omid Rezaee
16:00 12 Aug 19
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Bellissimo Law Group did a wonderful job. They helped me and my family obtain work permits in Canada. They were responsive, professional, and got the job done in a timely manner with no issues. I would absolutely work with them in the future.
Eric Blomster
Eric Blomster
11:58 30 Aug 19
Bellissimo Law Firm has great lawyers who have handled our immigration case. The staff was very professional. We are very happy with their service.We had to go through a tough ordeal because of misrepresentation earlier and our file was rejected. That is when we assigned this case to Mario Bellissimo. I would happily refer his law firm to any one whose in the same situation as ours or any immigration related matter.I would like to mention a special thanks to Tamara who was in touch with us and kept as posted. Mario had 100% confidence in our case that we will win which was very assuring for me and my family. And we finally got our permanent residency.God bless him and his firm.
mubina fatima
mubina fatima
18:35 15 Sep 19