December 30, 2014
Misrepresentation – Fight or Flight?
Permanent residents who have been found to have misrepresented themselves are able to appeal this determination to the Immigration Appeal Division. If the appeal is successful, then the misrepresentation is overcome and the removal order that had been issued (when the permanent resident was found to have misrepresented him or herself) is cancelled. However, if the appeal was refused then the permanent resident lost permanent residence, was removed from Canada, and faced two additional years being inadmissible to Canada for misrepresentation.
In those days, many permanent residents had good reason to challenge the removal order and appeal the decision to the IAD. However, as of December 2014 the Immigration and Refugee Protection Act has been amended to create a five-year bar to re-applying to enter Canada, should the appeal be refused. This bar – wherein the individual remains inadmissible to Canada – runs from the date that the removal order is enforced (i.e., when the individual leaves Canada).
Permanent residents, found to be inadmissible for misrepresentation, have a serious choice to make. Should they immediately allow the removal order to be enforced and leave Canada or should they fight the decision at the IAD? If the choice is to leave Canada, the five-year bar beings operating immediately upon leaving Canada. However, if the choice is to fight and the IAD refuses the appeal, then the five-year bar does not commence until after the appeal and after the individual leaves Canada. Given that appeal time lines presently take 24 months to reach a hearing and even longer to reach a decision, timing is important. The choice is likely to turn on how strong the appeal will be, how connected the individual is to Canada, and what options are available in the future. In either case, timing is a factor to consider and legal counsel can help evaluate the options.
For more information on misrepresentation click here.
To learn more about removal orders click here.