Can I fix a misrepresentation issue before IRCC makes a final decision?

Yes. If IRCC has not yet made a final decision, it may be possible to correct errors, clarify inconsistencies, or respond to concerns through a Procedural Fairness Letter. Early legal intervention can be critical, as once a section 40 misrepresentation finding is issued, the consequences become significantly more difficult to reverse.

Is it possible to challenge or overcome a misrepresentation finding?

Yes, but the available options depend on your immigration status and the stage of the case. In some situations, misrepresentation findings can be avoided through a strong response to a Procedural Fairness Letter. Once a decision is issued, options may include an appeal to the Immigration Appeal Division, judicial review at the Federal Court, or relief on humanitarian and compassionate grounds. Each remedy has strict deadlines and legal thresholds.

Can I be found inadmissible for misrepresentation even if the mistake was unintentional?

Yes. Under section 40 of the Immigration and Refugee Protection Act, misrepresentation does not require intent. Even honest mistakes, misunderstandings, or errors made in good faith can result in a finding of misrepresentation if the information could have influenced the outcome of the application.

What happens if my immigration representative made the mistake, not me?

Applicants are legally responsible for all information submitted in their immigration application, including information provided by consultants, agents, or representatives. If false or incomplete information was submitted on your behalf, IRCC can still hold you responsible and issue a misrepresentation finding.

What is a Procedural Fairness Letter for misrepresentation, and how should I respond?

A Procedural Fairness Letter is IRCC’s formal notice that it is considering refusing an application for misrepresentation. The letter outlines the concerns and provides a limited opportunity to respond with evidence and explanations. A poorly prepared response can result in refusal and a five-year ban, which is why legal advice is strongly recommended at this stage.

Does misrepresentation lead to a five-year ban from Canada?

Yes. A finding of misrepresentation usually results in refusal of the application and a five-year period of inadmissibility to Canada. During this time, you cannot apply for temporary or permanent status. Even after the five-year ban expires, the misrepresentation remains part of the immigration record and must be disclosed in future applications.

Can permanent residents lose their status for misrepresentation?

Yes. Permanent residents can be investigated and found inadmissible for misrepresentation. This may result in a section 44 report, a hearing before the Immigration Division, and the issuance of a Removal Order. In many cases, permanent residents have the right to appeal the decision to the Immigration Appeal Division within 30 days.

Misrepresentation in Canadian Immigration — Legal Help to Avoid Inadmissibility.

Bronze statue of Lady Justice holding scales and a sword, symbolizing fairness in the legal system and Canadian immigration law.

Misrepresentation in Canadian immigration occurs when inaccurate, misleading, or incomplete information is provided to Immigration, Refugees and Citizenship Canada (IRCC). Ayodele Law helps individuals and families respond to Procedural Fairness Letters, challenge misrepresentation findings, and pursue appeals or humanitarian remedies

What Is Misrepresentation?

Misrepresentation occurs when false, misleading, or incomplete information is provided to immigration authorities during an application or proceeding.

Under section 40 of the Immigration and Refugee Protection Act (IRPA), a person may be found inadmissible to Canada if they directly or indirectly misrepresent a material fact that could influence the outcome of their case.

Misrepresentation can be intentional or unintentional. Even honest mistakes or misunderstandings — including errors made in good faith — may result in a refusal and a finding of inadmissibility. Applicants, sponsors, immigration representatives, and accompanying family members can all be affected by a misrepresentation finding.

Even after the five-year inadmissibility period ends, the misrepresentation remains part of your immigration history and may affect how future applications — including permanent residence or citizenship applications — are assessed.

Why IRCC Finds Misrepresentation

Misrepresentation findings often arise from inconsistencies rather than deliberate fraud. Immigration officers assess whether information provided across forms, documents, interviews, and past applications is consistent and complete.

Common triggers include discrepancies between current and prior applications, missing disclosures that appear in government databases, and documents that conflict with employment, travel, or family history records. Even minor inconsistencies can raise concerns if they could influence how an application is assessed. Because officers focus on potential impact rather than intent, addressing concerns clearly and early is critical when misrepresentation is alleged.

What Counts as Misrepresentation?

Misrepresentation includes any act or omission that hides, distorts, or fails to disclose information relevant to your case.
Examples include:

Failing to declare a spouse or common-law partner on a permanent residence application
Omitting dependent children from a visa or Express Entry profile
Submitting fraudulent or altered documents (diplomas, employment letters, bank statements)
Misstating work experience or education to meet eligibility criteria
Using a false job offer or marriage of convenience
Providing incorrect answers on a background check or immigration form
Having a representative submit false information on your behalf—even without your knowledge

Because IRCC treats accuracy as a shared responsibility, applicants are liable for misrepresentations made by their representatives (including consultants or agents. If misrepresentation arises in the context of a refused application, there may be options to challenge the decision through an immigration appeal or judicial review.

Procedural Fairness Letter and Investigation

Before refusing an application for misrepresentation, IRCC typically issues a Procedural Fairness Letter (PFL) outlining the concerns and providing an opportunity to respond. This stage is critical. A response should:

Address each alleged inconsistency clearly and directly
Include supporting evidence and documentation
Explain how any error was unintentional, where applicable
Be supported by sworn affidavits where appropriate

Because a weak or incomplete response can lead to a section 40 inadmissibility finding and a five-year ban from Canada, many applicants seek legal assistance with a Procedural Fairness Letter response.

Misrepresentation and Permanent Residents

Permanent residents can also be found inadmissible for misrepresentation. When this happens:

A section 44 report is issued by CBSA
The case is referred to the Immigration Division (ID) of the Immigration and Refugee Board (IRB)
If the ID confirms the finding, a Removal Order is issued
The individual may lose permanent resident status and be required to leave Canada

Permanent residents may appeal this decision to the Immigration Appeal Division (IAD) within 30 days of the Removal Order.

How to Overcome a Finding of Misrepresentation?

  
      Remedy
      Description
    
        • Respond to the Procedural Fairness Letter
      
        Provide evidence and explanations to clarify errors before a decision is made. A well-drafted legal response can persuade IRCC not to issue the misrepresentation ban.
      
        • Appeal to the Immigration Appeal Division (IAD)
      
        Permanent residents and sponsors may appeal Removal Orders based on misrepresentation. The IAD can allow the appeal on equitable grounds such as humanitarian or compassionate considerations.
      
        • Apply for Judicial Review at the Federal Court
      
        Temporary residents or foreign nationals outside Canada may challenge a misrepresentation finding through a Judicial Review. File within 15 days (in Canada) or 60 days (outside Canada). The Court can set aside the decision if there was a legal or procedural error.
      
        • Humanitarian and Compassionate Applications
      
        In exceptional cases, applicants may seek permanent residence on humanitarian and compassionate grounds, particularly where family unity, medical needs, or the best interests of a child are involved.
      
        • Wait Until the Five-Year Bar Expires
      
        After five years, you can reapply for immigration to Canada — but you must fully disclose your previous inadmissibility and demonstrate honesty and rehabilitation.

Remedy	Description
• Respond to the Procedural Fairness Letter	Provide evidence and explanations to clarify errors before a decision is made. A well-drafted legal response can persuade IRCC not to issue the misrepresentation ban.
• Appeal to the Immigration Appeal Division (IAD)	Permanent residents and sponsors may appeal Removal Orders based on misrepresentation. The IAD can allow the appeal on equitable grounds such as humanitarian or compassionate considerations.
• Apply for Judicial Review at the Federal Court	Temporary residents or foreign nationals outside Canada may challenge a misrepresentation finding through a Judicial Review. File within 15 days (in Canada) or 60 days (outside Canada). The Court can set aside the decision if there was a legal or procedural error.
• Humanitarian and Compassionate Applications	In exceptional cases, applicants may seek permanent residence on humanitarian and compassionate grounds, particularly where family unity, medical needs, or the best interests of a child are involved.
• Wait Until the Five-Year Bar Expires	After five years, you can reapply for immigration to Canada — but you must fully disclose your previous inadmissibility and demonstrate honesty and rehabilitation.

How Ayodele Law Can Help

At Ayodele Law, we regularly represent clients facing misrepresentation allegations and section 40 inadmissibility findings.

We can help you:

Review and analyze your application record
Prepare responses to Procedural Fairness Letters
File appeals and Judicial Review applications
Present compelling evidence to protect your status and credibility

If you’ve been accused of misrepresentation or received a fairness letter from IRCC, contact Ayodele Law today for a consultation. We can help you strategically respond and protect your future in Canada.

Call +1 (647) 937-4330

Frequently Asked Questions

Misrepresentation cases raise complex legal and factual issues, particularly where a refusal, five-year ban, or removal order is at risk. Below are answers to some of the most common questions we hear from individuals and families facing allegations of misrepresentation under Canada’s immigration law.

Yes. If IRCC has not yet made a final decision, it may be possible to correct errors, clarify inconsistencies, or respond to concerns through a Procedural Fairness Letter. Early legal intervention can be critical, as once a section 40 misrepresentation finding is issued, the consequences become significantly more difficult to reverse.
Yes, but the available options depend on your immigration status and the stage of the case. In some situations, misrepresentation findings can be avoided entirely through a strong response to a Procedural Fairness Letter. Once a decision is issued, options may include an appeal to the Immigration Appeal Division, judicial review at the Federal Court, or relief on humanitarian and compassionate grounds. Each remedy has strict deadlines and legal thresholds.
Yes. Under section 40 of the Immigration and Refugee Protection Act (IRPA), misrepresentation does not require intent. Even honest mistakes, misunderstandings, or errors made in good faith can result in a finding of misrepresentation if the information could have influenced the outcome of your application.
Applicants are legally responsible for all information submitted in their immigration application, including information provided by consultants, agents, or representatives. If false or incomplete information was submitted on your behalf, IRCC can still hold you responsible and issue a misrepresentation finding.
A Procedural Fairness Letter (PFL) is IRCC’s formal notice that it is considering refusing your application for misrepresentation. The letter outlines the concerns and gives you a limited opportunity to respond with evidence and explanations. A poorly prepared response can result in refusal and a five-year ban, which is why legal advice is strongly recommended at this stage.
Yes. A finding of misrepresentation usually results in refusal of the application and a five-year period of inadmissibility to Canada. During this time, you cannot apply for temporary or permanent status. Even after the five-year ban expires, the misrepresentation remains part of your immigration record and must be disclosed in future applications.
Yes. Permanent residents can be investigated and found inadmissible for misrepresentation. This may result in a section 44 report, a hearing before the Immigration Division, and the issuance of a Removal Order. In many cases, permanent residents have the right to appeal the decision to the Immigration Appeal Division within 30 days.

From Our Clients

Tracy has a wealth of experience in immigration law, and her deep understanding of the process was evident throughout my case. The team at Ayodele Law treated me with respect and kindness, making me feel more than just another case file. I highly recommend Ayodele Law.

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