EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Misrepresentation - Inadmissibility findings

Law360 Canada (October 17, 2023, 6:32 AM EDT) -- Application by Singh for judicial review of a visa officer’s decision denying his application for an open work permit under the Temporary Foreign Worker Program. Singh applied for a work permit to join his spouse, who was currently working and residing in Canada (under a work permit valid until 2024). The visa officer contacted the bank to verify bank documents submitted by Singh and found out that the account existed, but it belonged to a different individual named “Navtej Singh” with a different date of birth and a different father from Singh. The visa officer issued Singh a procedural fairness letter (PFL) outlining concerns with the authenticity of the bank documents. A letter was provided in response to the PFL that Singh submitted the bank documents to show he had sufficient funds to support his travel and expected stay in Canada. The visa officer was satisfied that Singh misrepresented his financial ties to his home country to obtain status in Canada, and that constituted a material fact that could have induced errors in the administration of the Immigration and Refugee Protection Act (IRPA). The visa officer refused Singh’s work permit application, finding him to be inadmissible due to misrepresentation. Singh argued that the decision was unreasonable because there had been a breach of procedural fairness as a result of his reliance to his immigration consultant. Singh also attempted to rely on information that he had not established to the visa officer, namely the affidavit of his immigration consultant. The respondent submitted that evidence that was not established before the visa officer could not be considered as supporting documents....
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