Section 40 of the Immigration and Refugee Protection Act (IRPA) is one of the most severe inadmissibility provisions in Canadian immigration law. A misrepresentation finding not only results in refusal but imposes a five-year bar on re-applying and casts a long shadow over future dealings with IRCC. The Federal Court has consistently held that a
Canadian immigration law treats misrepresentation harshly. Section 40(1)(a) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national or permanent resident is inadmissible for “directly or indirectly misrepresenting or withholding material facts … that induce or could induce an error in the administration of the Act.” A finding under this provision carries
The TRP *can* overcome noncompliance but the TRP is highly discretionary, with officers afforded deference, and in many cases may be a false hope to those seeking to overcome non-compliance (esp where there is another option to regularize status). The TRP is a discretionary tool that allows an officer to grant temporary authorization to a
The transcript is from the CBC radio program Alberta at Noon (aired around September 2025), hosted by Ted Henley filling in for Kathleen Petty. It focuses on Alberta’s newly announced policy to make proving citizenship mandatory for obtaining or renewing driver’s licenses and provincial ID cards starting in fall 2026. Canadian citizens will have a
For individuals seeking protection from within Canada, the inland refugee claim process offers a structured pathway to obtaining refugee status. This comprehensive system, overseen by Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board of Canada (IRB), involves a series of steps, each with specific requirements and potential outcomes. This breakdown provides
