IRCC or a visa office
A procedural fairness letter states the concern and a date to answer in writing.
IRPA s.40(1)(a)Our legal team assists
Misrepresentation allegations under IRPA section 40
A wrong or missing answer on an immigration form can bring a five-year inadmissibility. When the allegation goes to the Immigration Division or the Immigration Appeal Division, Angelina Shuster, a paralegal licensed by the Law Society of Ontario, can represent you there.
- Immigration Division hearings
- IAD appeals
- English and Russian
Free assessment
Tell us who raised the allegation and the date on the letter. We reply with the forum and the time left.
Who decides a misrepresentation allegation
The same section 40 finding can be made in three places. Where yours sits decides who may act for you.
Immigration Division
A section 44 report is referred for a hearing. The Minister must prove the allegation.
IRPA s.44 · IRBParalegal may representImmigration Appeal Division
A permanent resident ordered removed, or a sponsor whose spouse, partner or child was refused, can ask the IAD to review the finding.
IRPA s.63 · s.67Paralegal may represent
Sponsorship refused for misrepresentation: who can appeal
Section 64(3) narrows the sponsor’s appeal right when the refusal rests on misrepresentation.
Appeal to the IAD
- Spouse
- Common-law partner
- Child
No IAD appeal
- Parents and grandparents
- Other sponsored relatives
The dates that matter after a finding
Rule 16 of the IAD Rules, 2022 sets the appeal deadlines. Section 40 of the Act sets how long the inadmissibility lasts.
30days
Removal order
A permanent resident ordered removed for misrepresentation files the notice of appeal within 30 days of receiving the order.
IRPA s.63(3) · Rule 16(b)30days
Spousal or child refusal
The sponsor files within 30 days of receiving the refusal and written reasons.
IRPA s.64(3) · Rule 16(a)5years
Inadmissibility period
From the final refusal abroad, or from enforcement of a removal order in Canada. No permanent residence application meanwhile.
IRPA s.40(2)(a) · s.40(3)
Angelina Shuster at your hearing
A paralegal licensed by the Law Society of Ontario, who appears before the Immigration and Refugee Board.
- 25+ yearson immigration and criminal matters.
- One representativeShe reads the original application herself and appears at the hearing herself.
- English and RussianPreparation in either language.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
What to bring to the free assessment
Misrepresentation turns on what was said, when, and by whom.
- The fairness letter, report or refusal with all its pages.
- Every form you signed in the application the officer relied on.
- The document said to be false or missing, and the true version.
- Who prepared the forms: a consultant, a relative or you.
- Earlier applications to Canada or other countries, since answers are compared across files.
Questions about misrepresentation findings
Does misrepresentation have to be intentional?
No. Section 40(1)(a) covers direct or indirect misrepresentation or withholding of a material fact that induces or could induce an error in the administration of the Act. The text of the section does not mention intent.
What if a consultant filled in the wrong answer?
The word “indirectly” in section 40 means an applicant can be found inadmissible for an error made by someone else on their file.
Can a paralegal appear at the Immigration Division?
Yes. Law Society of Ontario By-Law 4 lets a licensed paralegal appear before federal tribunals, and the Immigration Division is part of the Immigration and Refugee Board.
Can the IAD consider family and ties to Canada?
Yes. Under section 67(1)(c) the IAD may allow an appeal on humanitarian and compassionate grounds, taking into account the best interests of a child directly affected.
This page is general information about misrepresentation under Canadian immigration law and is not legal advice. Reading it does not create a paralegal-client relationship. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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