IMMIGRATION REFUSAL EMERGENCY
Refusal A40:
Misrepresentation
Received a refusal letter or removal order? This is not the end. Immediate action is required.
Refusal Analysis
"Banned for 5 years for an omission, error, or lie on a form."
Inadmissibility for misrepresentation is one of the most serious consequences. It leads to a 5-year entry ban. It can occur for omitted information (e.g., undeclared US visa refusal) or a document falsified by a third party.
Legal Context
Section 40 of the IRPA applies if a foreign national directly or indirectly misrepresents or withholds material facts that could induce an error in the administration of the Act.
Why the Officer Refused (Common Reasons)
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Non-declaration of a prior visa refusal (USA, Europe, etc.).!
Omission of a criminal record or arrest.!
Fake bank or school documents (often by an unauthorized agent).!
Detected marriage of convenience.OUR STRATEGY
How We Fix It
Response to Procedural Fairness Letter (PFL) or Court Appeal. Critical expertise.
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If PFL received: Immediate legal response arguing innocent error or lack of intent.2
If Banned: Application for Authorization to Return to Canada (ARC) or Federal Court Appeal.3
Analysis of the 'materiality' of the misrepresented fact.4
Proof of good faith and mitigating circumstances.Frequently Asked Questions
I forgot to mention a refusal, is it misrepresentation?
Yes, unfortunately. Intent does not always matter. Omission of a material fact is considered misrepresentation.
My consultant lied without my knowledge, am I responsible?
Yes, you are responsible for everything submitted on your behalf. However, we can argue representative incompetence to try to save your file.
Don't Waste Time
Deadlines for Federal Court (15/60 days) or Restoration (90 days) are strict.
Book a Consultation+1 514-546-9853Why a Level 3 Consultant?
- Authorized to plead before the Tribunal (IRB)
- Expertise in appeals and judicial review
- Management of complex cases (A40, A36, etc.)