Pathway finder
Face an inadmissibility hearing: Misrepresentation on an application
Deadline
Appeals and court reviews have short deadlines, often 15 to 60 days from the day you receive the decision. Call early.
Routes people usually look at
1
Contesting the allegation at the hearing
The question is whether a fact was misrepresented or withheld, whether it was material, and whether an honest mistake applies.2
An appeal to the Immigration Appeal Division (IAD)
For permanent residents and some others, if a removal order is made. The IAD can also consider humanitarian and compassionate grounds.3
Judicial review in Federal Court
Where there is no IAD appeal.
What’s usually involved
- Read the report and get a copy of the application in question.
- Identify exactly what IRCC says was wrong or missing.
- Gather evidence of what you knew, who prepared the application, and why.
- Prepare for the hearing, including your own testimony.
- If a removal order is made, file any appeal within the deadline.
Documents you’ll typically need
Timing
A finding of misrepresentation generally makes a person inadmissible for five years. The 30-day IAD appeal deadline is strict. Hearings are scheduled by the Board.
Common pitfalls
- Blaming a consultant without evidence
- Giving a new explanation at the hearing that does not match earlier statements
- Not disclosing a past refusal or finding in later applications
- Treating the five-year bar as the only consequence
This is general information, not legal advice about your situation.
Talk it through with Manny
Deadlines are short, so book or call early. Bring this summary. Consultations in English, Punjabi and Hindi.