Published: July 17, 2024
Misrepresentation is not limited to forged documents or deliberate lies. An inaccurate answer, omitted fact or misleading presentation can create serious consequences when it is material to the administration of immigration law.
The legal risk
Section 40 of the Immigration and Refugee Protection Act addresses directly or indirectly misrepresenting or withholding material facts that induce or could induce an error in the administration of the Act. A finding can lead to refusal and a five-year period of inadmissibility. The applicant remains responsible for the application even when a representative or another person prepared it.
Materiality is central. The question is not simply whether an error changed the final result, but whether it could have affected the process, an officer’s inquiry or the assessment of eligibility or admissibility.
Common problem areas
- undeclared visa refusals, immigration history or family members;
- employment dates or duties that do not match supporting evidence;
- incorrect marital, educational or criminal-history information;
- documents altered by an employer, agent or third party;
- answers copied from an earlier application without checking whether circumstances changed.
What to do after finding an error
Do not quietly replace one document with another and assume the issue has disappeared. Preserve the record, determine exactly what was submitted, assess whether the error is material, and correct it promptly through the appropriate IRCC channel with a clear explanation and reliable evidence. A voluntary correction is not a guarantee that IRCC will disregard the original information, but delay may make the explanation less credible.
The narrow “innocent error” jurisprudence is fact-specific and should not be treated as a general defence. Careful review before submission remains the best protection.
Official sources: IRPA, section 40; IRCC — consequences of fraud.
Weiting Wang 