MBB INSIGHTS SERIES - IMMIGRATION APPEAL
CASE #1 – Misrepresentation
Permanent residents of Canada who are found to have committed Misrepresentation may appeal to the Immigration Appeal Division (IAD). Here is a typical case:
August 2005 – Mr. Xu arrived in Canada to attend university.
October 2005 – He was approached by Ms Lai. Ms. Lai offered to arrange his marriage to a Canadian Citizen, in order, for him to obtain a permanent resident visa.
Mr. Xu agrees to the offer, marries the Canadian citizen in December 2005 and is successfully sponsored to Canada.
December 2006 – Mr. Xu is landed as a permanent resident of Canada.
December 2007 – Mr. Xu divorces his Canadian citizen spouse.
June 2008 – Mr. Xu marries his girlfriend, Xiaolin, a Chinese national.
August 2008 – Mr. Xu submits a sponsorship application for Xiaolin.
January 2010 – Xiaolin was interviewed at the visa office in Hong Kong. At the interview, the visa officer expressed concerns about Mr. Xu’s first marriage.
March 2012 – The sponsorship application was refused. Mr. Xu is found to have committed Misrepresentation. The Canadian immigration authority orders him to leave Canada (Removal Order).
The allegation is that Mr. Xu married his first wife, the Canadian citizen, for the primary purpose of gaining a permanent resident visa to Canada.
In so doing, he misrepresented his relationship to the Canadian immigration authority, which resulted in him gaining permanent resident status in Canada.
Mr. Xu has 30 days to file an appeal to the IAD to cancel the Removal Order.
In a typical case of Misrepresentation, the person may (i) challenge the legal validity of the decision finding the Misrepresentation, or (ii) concede to the decision and ask that the IAD grant equitable relief.
About the IAD
The IAD is an administrative tribunal. It is not a court of law. As a result, it is not bound by strict rules of evidence. This means that the IAD can receive into evidence anything that it considers to be “credible, reliable and trustworthy.” So, it is important to provide all documentary evidence which may corroborate any statements that you have made. This includes evidence of travel, financial support, and communication between you and the foreign partner you may be sponsoring.
In the context of a Misrepresentation or removal order appeal, it also includes evidence of rehabilitation, remorse, supporting letters from employers, family members, community organizations, certificates from programs, letters from counsellors and community leaders as well proof of assets, such as home ownership, bank accounts, income tax return, and any financial obligations which you are responsible for.
You are entitled to be represented by counsel at IAD hearings. The IAD has the power to make determinations on an “equitable” basis, meaning, in some cases, it can consider humanitarian and compassionate considerations to overcome the immigration rule or regulation which governs your particular situation.
MBB Immigration
MBB Immigration and MBB Law have lawyers, consultants and paralegals, including a former Canadian visa officer. We speak Mandarin and Cantonese. We understand your culture, practices and beliefs. We have the knowledge, experience and commitment to ensure that you have the best representation.
Whether your appeal stems from a Family Class sponsorship, a failed Residency Obligation, or Misrepresentation, we can advise you as to what evidence you will need to gather and present to the IAD and guide you so that you may obtain a successful outcome.