August 1, 2019
This Week’s Success Story: Overcoming Misrepresentation Allegations
Our firm was recently successful in appealing the refusal of a spousal sponsorship application, where the application was refused on the basis of the marriage being non-genuine, which was further complicated by the applicant’s misrepresentation. The refusal, if not appealed, would have meant that the applicant would have been inadmissible to Canada for 5 years, and the family would have continued to be separated. Extensive evidence was collected and presented, and at the hearing the Minister’s counsel eventually agreed and confirmed that the concern of the marriage being in bad faith was alleviated. However, misrepresentation allegations continued to stand, so we zealously argued that the appeal ought to be allowed based on humanitarian and compassionate considerations. We provided strong evidence of the appellant’s difficult circumstances in Canada, her health concerns and lack of care and support when needed the most. We also argued that the applicant’s misrepresentation was not on the serious end of the spectrum, which weighed in favour of granting of special relief. The Member of the Immigration Appeal Division, having weighed all the evidence and testimony, granted the appeal at the end of the hearing.