Reasonable to conclude false document constituted material misrepresentation

Federal court | Immigration

CONSULTANTS

Reasonable to conclude false document constituted material misrepresentation

Applicant was determined to be inadmissible because of misrepresentation of material fact in application for permanent residence. Immigration consultant included International English Language Testing System test result that turned out to be false. Applicant claimed applicant was unaware of false document. Application for judicial review was dismissed. False document constituted misrepresentation. It was reasonable for counsellor to conclude false document was intended to mislead authorities to believe it to be authentic test result. It was reasonable to conclude that false document constituted material misrepresentation. Applicant could be inadmissible under s. 40(1)(a) of Immigration and Refugee Protection Act (Can.). There could be no subject intent or knowledge requirement to s. 40 because it would be contrary to broad interpretation that wording and purpose of section required. Court declined to certify question.

Goudarzi v. Canada (Minister of Citizenship and Immigration)
(Apr. 13, 2012, F.C., Tremblay-Lamer J., File No. IMM-2377-11) 214 A.C.W.S. (3d) 536 (22 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay