Appendix B – A40
A permanent resident or a foreign national becomes inadmissible for misrepresentation if the individual:
- Directly or indirectly misrepresents or withholds material facts concerning a relevant matter that induces or could induce an error in the administration of the Immigration and Refugee Protection Act (IRPA)
- Has been sponsored by a person the authorities consider as inadmissible for misrepresentation
- Receives a final determination for vacating a decision that allows the individual’s claim for refugee protection or application for protection or,
- Ceases to be a citizen under paragraph 10 (1) (a) of the Citizenship Act, in the circumstances specified in subsection 10 (2) of the Citizenship Act
After the authorities deem a person inadmissible for misrepresentation, the permanent resident or the foreign national continues to remain inadmissible for misrepresentation. This will be valid for a period of five years following:
- A final determination of inadmissibility (in the case of a determination outside Canada) or,
- The date of enforcement of the removal order (in the case of a determination within Canada)
In addition, it is worth noting that the following clause mentioned above does not apply, unless the Minister expresses satisfaction that the facts of the case justify the inadmissibility:
- The individual has been sponsored by a person the authorities consider as inadmissible for misrepresentation
Therefore, a foreign national found inadmissible under this section will not be able to apply for permanent resident status until the five-year period of debarment ends.
Source: Citizenship and Immigration
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