[2012] 3 F.C.R. D-7
CITIZENSHIP AND IMMIGRATION
Exclusion and Removal
Inadmissible Persons
Judicial review of immigration counsellor’s decision applicants inadmissible pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 40(1)(a) due to misrepresentation of material fact in application for permanent residence—Principal applicant applying for permanent residence as member of federal skilled worker class, hiring consultant to assist in preparation of application—Principal applicant stating that, unbeknownst to him, consultant including fraudulent International English Language Testing System test result in application—Immigration official subsequently notifying applicant that unable to verify authenticity of test result, thereby considering finding him inadmissible for misrepresentation—Principal issues whether reasonable for counsellor to conclude that misrepresentation material; whether Act, s. 40(1)(a) requiring applicants’ knowledge of misrepresentation—Misrepresentation material if important enough to affect process—Here, false document clearly material because not possible to process application without it—Materiality analysis not limited to particular point in time in processing of application—Fact that principal applicant submitting more recent language test results not rendering earlier misrepresentation immaterial—As to whether Act, s. 40(1)(a) requiring applicants’ knowledge of misrepresentation, general rule is that misrepresentation can occur without applicant’s knowledge—Exception to this rule only applying for truly exceptional circumstances, where applicant honestly, reasonably believed not misrepresenting material fact—Applicants having duty of candour, duty to make sure that documents in application are complete, accurate—Applicants herein not acting with care; failing to take responsibility for contents of application before submitting—Application dismissed.
Sayedi v. Canada (Citizenship and Immigration) (IMM-3289-11, 2012 FC 420, Tremblay-Lamer J., judgment dated April 13, 2012, 21 pp.)