The High Stakes of Misrepresentation in Canadian Immigration

Canada’s immigration system is built on trust. At its core lies a simple but powerful principle: tell the truth.

Under the Immigration and Refugee Protection Act (IRPA), misrepresentation is one of the most serious grounds of inadmissibility. But what exactly does it mean to “misrepresent”? And why does it carry such severe consequences?

The IRPA defines misrepresentation broadly—and the courts have interpreted it expansively. It’s not just about lying. It includes withholding material facts, providing misleading information, or even making honest mistakes that could affect how an immigration application is assessed.

In fact, the threshold for triggering a misrepresentation finding is surprisingly low. It doesn’t require proof of intent. Even a risk of error in the administration of the Act is enough.

Why Do People Misrepresent?

Prevention of course is the best medicine. Beyond that, the reasons vary. Some individuals knowingly deceive to gain immigration benefits. Others may omit information out of embarrassment, confusion, or misunderstanding. Sometimes, people lie when they don’t even need to—perhaps a reflection of human nature itself.

Regardless of motive, the consequences are real and often devastating.

When Can Misrepresentation Arise?

Misrepresentation can surface at multiple stages:

– Before arrival – during visa or permanent residence applications.

– At the border – during examination.

– After entry – in subsequent applications or investigations.

It can be triggered by answers on forms, supporting documents, or statements made during interviews. And it doesn’t just affect the person who misrepresented—sponsored family members can also be deemed inadmissible if their sponsor is found to have misrepresented.

What Are the Consequences?

They’re severe:

– Refusal of entry for foreign nationals applying outside plus a 5 year ban

– Removal from Canada for foreign nationals and permanent residents plus a 5 year ban

(PRs do get additional avenues to appeal)

– Criminal charges under section 127(a) of the IRPA

Even protected persons—those granted refugee status—can lose their protection and permanent residence if misrepresentation is proven.

A System That Demands Candour

The relationship between the applicant and the state is clear: the applicant is a supplicant, and the state is entitled to full and frank disclosure. The IRPA encourages applicants to err on the side of caution—disclose rather than omit.

While the law is strict, there is room for discretion. Its essential to understand the legislation, the guidelines, and the case law. Procedural fairness opportunities should be seized. There are defences including correcting the record, withdrawal, arguing sufficiency vs misrepresentation, innocent mistake, and others. For those already in Canada, allegations may be challenged before a tribunal or there may be other avenues for relief, such as Humanitarian and Compassionate (H&C) applications or appeals for PRs to the Immigration Appeal Division (IAD).

But make no mistake: misrepresentation is a legal landmine. It can derail your immigration journey—or unravel a life already built in Canada. Seek out experienced counsel to navigate this treacherous terrain.