How to overturn a misrepresentation finding?
This page discusses how to overturn a misrepresentation finding. This means having the misrepresentation finding reversed and having your application back in processing.
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Judicial review at the Federal Court
The Federal Court plays a crucial role in the judicial review process for misrepresentation decisions made by immigration officials. It has the authority to review the decision-making process to ensure that it was fair and reasonable and may set aside the decision if it was found to be unreasonable.
You can seek a judicial review if you believe the decision to make you inadmissible for misrepresentation was unreasonable.
The Federal Court does not have the jurisdiction to reconsider the facts of the case or substitute its own decision for that of the immigration officer. Its role is limited to reviewing the decision-making process to ensure it is fair and reasonable.
If the Federal Court determines that the decision was unreasonable, it may set aside the decision and send it back to the immigration officer for reconsideration. There is no cost awarded in immigration proceedings unless it is exceptional.
See our webpage on a judicial review at the Federal Court for a complete overview of the process.
Can you make a request for reconsideration?
A request for reconsideration is an informal process where you ask the immigration officer to reopen your refused application.
Generally speaking, it would be difficult to convince an immigration officer to overturn the misrepresentation finding. It is unlikely that a request for reconsideration would be accepted. You would have received a procedural fairness letter, where you had an opportunity to reply and provide additional documents.
Can you reapply?
A misrepresentation finding would make you inadmissible to Canada for five years. You would not be able to reapply.