Misrepresentation

“Oh, what a tangled web we weave…when first we practice to deceive.”  

 Walter Scott, Marmion 

Dealing with the allegation(s) of misrepresentation is a difficult task. In many ways, dealing with misrepresentation is harder than dealing with criminality.

The consequences for a finding of misrepresentation are harsh -a 5 year ban on future applications to enter Canada and removal for those already in Canada. Beyond preventing or avoiding misrepresentation, counsel are generally playing defense. There is a great deal of subjectivity –and luck –at play. Certain visa officers and certain visa offices have different standards and different thresholds as to when to pull the misrepresentation trigger. Nevertheless, there is an important role to play even after the client suffers a self-inflicted wound. It is therefore imperative that representatives are familiar with the Guidelines/Manual(s), the case law and of course the legislation. 

Even with the deck seemingly stacked against your client there may well be options and a pathway to navigate this difficult terrain.