In this type of appeal, the Immigration Division decided that you are inadmissible to Canada. Being inadmissible means you may be removed from Canada, or refused entry, should you wish to enter Canada.
This is because you made a misrepresentation to an immigration officer or a Canada Border Services Agency (CBSA) officer that could cause an error in applying the immigration law. As a result, a removal order was made against you.
You may have a right to appeal to the Immigration Appeal Division (IAD).
To win your appeal, you have 2 options:
- show that you did not make a misrepresentation
- show that there are humanitarian and compassionate reasons for your appeal, even if you made a misrepresentation
Below you will find important information that can help you prepare to make your appeal.
On this page
Understand what is meant by misrepresentation
Misrepresentation means giving information that is both:
- untrue, misleading, or incomplete; and
- could cause an error in applying immigration law to your case
This could be information that you gave or withheld directly. Or it could be information that someone else prepared or provided for you, such as your sponsor or your representative. Even if you did not personally make the misrepresentation, you may be inadmissible.
Examples of misrepresentation could be:
- not mentioning a family member
- not mentioning a change in family status that took place between the date you applied for your permanent residence visa and when you became a permanent resident such as a marriage or birth of a child
- providing a false document
- declaring employment experience that you do not have
- not mentioning a refusal of a visa to visit Canada or any other country
A misrepresentation can be intentional or made by accident. This means that even if you did not mean to give untrue or incomplete information, you may still be found to be inadmissible for misrepresentation and may have to leave Canada.
Show that you did not make a misrepresentation
The IAD will look at what the Immigration Division considered to be a misrepresentation. If you believe there was no misrepresentation, you will need to provide testimony and documents to prove that the information you gave is true, accurate, and complete.
The IAD will look at the following factors to determine if there is misrepresentation:
- How important was the information that was misrepresented or withheld? For example, was it important enough to impact the decision or processing of your immigration application?
- Did the misrepresentation cause an error in applying the law? Could it possibly have caused an error?
Even if you believe that you did not make a misrepresentation, be prepared to show that there are humanitarian and compassionate reasons for your appeal
Show that there are humanitarian and compassionate reasons for your appeal
Even if you made a misrepresentation, you may be able to show the IAD that there are enough humanitarian and compassionate reasons for your appeal to be allowed.
Here are some factors that the IAD may consider reaching a decision:
- What were the circumstances that led to the misrepresentation?
- How serious was the misrepresentation? For example, did you, your sponsor, or your representative mean to do it or was it a mistake?
- How long ago did it happen? Have there been further problems with immigration officials since then?
- How well established are you in Canada? For example, how long have you lived here? Do you have assets here? Have you held jobs here? Do you have ties in the community?
- Will you suffer hardship in your home country if you are removed from Canada?
- How will your removal affect family members in Canada, including any children in your care?
- How much support do you have in Canada from family and others in your community?
- Are there any other unique or special circumstances?
Provide evidence that will help you prove your humanitarian and compassionate reasons
Your evidence for humanitarian and compassionate reasons can take the form of documents or testimony from you or your witnesses.
Show that you are established in Canada
Prepare evidence that shows how firm your roots are in Canada, such as:
- letters of support from family, friends, or employers that describe the closeness of your relationships in Canada
- proof of employment, tax returns, letters from organizations where you did volunteer work, banking and mortgage documents showing assets you have in Canada
Provide medical evidence
If you have a serious physical or mental illness, provide medical reports and evidence to help the IAD understand your situation.
Explain how family or children will be affected
If you have a family member who will be affected by your removal because they are in poor health, provide medical documents that show this.
If there are children who will be directly affected by your removal, provide documents such as:
- birth certificates
- custody orders
- evidence of financial and emotional support you provide
- evidence that your removal would impact a child’s best interests. For example, the physical or mental health of a child.
Explain if you would suffer hardship in your home country
Evidence about the current situation in your home country can be helpful if it affects you. This might have to do with any special needs you have.
The IRB publishes National Documentation Packages that detail conditions in many countries. You may find evidence that is relevant to the hardship you may face in your home country if you were removed from Canada. You must provide copies of the documents you are referring to.
You can also provide your own evidence and documents from other trusted sources.
Possible outcomes of an appeal
When you appeal a removal order for misrepresentation to the Immigration Appeal Division (IAD), there are three possible outcomes:
- Your appeal can be dismissed. This means you removal order remains, and you may be removed from Canada.
- Your appeal can be allowed. This means your removal order is cancelled and you can remain in Canada.
- In very rare cases, your removal order could be put on hold. This is called a “stay.” It means that you can remain in Canada if you respect certain conditions for the period defined in your stay order. If a stay is granted, your appeal will be reconsidered by the IAD when the period of the stay is near its end. The reconsideration can result in the stay period being extended, or your appeal will be allowed or dismissed.