Misrepresentation
Statutory definition
(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
(b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
(c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or
(d) on ceasing to be a citizen under certain provisions of the Citizenship Act.
(2)(a) The permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced.
(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
Immigration and Refugee Protection Act, SC 2001, c 27, s 40
Explanation
Misrepresentation under IRPA s 40 is a broad ground of inadmissibility that captures both active misstatements and passive omissions of material facts. The standard is objective — it is not necessary to show that the misrepresentation was deliberate or that it actually caused harm; it is sufficient that the misrepresentation "could induce" an error in the administration of the Act.
Misrepresentation is one of the most commonly litigated grounds of inadmissibility in Canadian immigration law. It can arise in any immigration context: permanent residence applications, temporary resident applications, refugee claims, and citizenship applications.
How this term is used
A finding of misrepresentation results in inadmissibility and typically a removal order. Under IRPA s 40(2)(a), the person is also subject to a five-year bar on applying for permanent residence. This bar is calculated from the date the removal order is enforced for determinations made in Canada. The misrepresentation ground also extends to persons sponsored by a misrepresenting sponsor (s 40(1)(b)), meaning a sponsored family member may be found inadmissible because of the sponsor's misrepresentation — though the Minister must be satisfied that the facts of the case justify that finding.