Changes in Federal Ruling Canada and an Immigration Story

The significance of avoiding misrepresentation in Canadian immigration applications, according to 

a federal ruling

Misrepresentation can have serious ramifications.

Ting Li was a Chinese citizen, but her two children were in Canada studying. She had traditionally obtained a temporary resident visa (TRV) in order to visit Elizabeth’s children in Canada. Ting was hired as a purchasing manager at Full sun Trading Inc. in 2021 because she had previous work experience in a similar position in China. As a result, she applied for a work permit.

The immigration officer sent Ting a letter of procedural fairness, raising concerns about the discrepancies and authenticity of her employment history. Ting responded to the letter by describing the same differences between her work history as stated in her TRV application and her work history as stated in her work permit application. Ting explained that the discrepancies were due to mistakes she made when submitting the TRV application. When she applied for the work permit, she took the process more seriously and provided more accurate and truthful information about her work history

Ting also included a letter from her job’s General Manager in China confirming the relevant information of her work history, as well as social insurance and individual tax records to back up the proof of employment. Despite receiving the letter and documents outlining the discrepancies, the An immigration officer denied her work visa application. The officer cited section 40(1)(a) of the Immigration and Refugee Protection Act, claiming that Ting had misrepresented a material fact and accusing her of submitting false information and documentation.

Ting filed an action in the Federal Court. She did not deny that her TRV application contained an error, but she claimed that her explanations for the inconsistencies seem to have been credible.

The officer failed to properly grapple with the evidence explaining why the two applications were different and failed to consider the evidence confirming her work history, according to the court. The officer did not explain how the new evidence she provided did not adequately address the concerns, and the decision was ultimately probably considered unreasonable.

Implications for prospective immigrants

The case of Li v. Canada has significant implications for foreign nationals seeking to immigrate to Canada. It is difficult to overcome misrepresentation. Misrepresentation is frowned upon by immigration officials, and it may result in an application being denied or status revoked. Misrepresentation may also result in an applicant’s inadmissibility to Canada.

Furthermore, misrepresentation on immigration applications can have serious consequences that go beyond having your application denied. In response to false documents or information, Immigration, Refugees and Citizenship Canada (IRCC) may:

Forbid you from entering Canada for at least 5 years; make you a permanent fraud record; revoke your status as a permanent resident or Canadian citizen; charge you with a crime; or deport you from Canada.

Ting’s case emphasizes the importance of ensuring that your application is accurate, up-to-date, and complete.

Forms and applications for immigration can be complicated. Even if applicants exercise extreme caution and make every effort to be truthful, they can still make innocent misrepresentations. Applicants may submit the information that, to the best of their knowledge, is correct and complete but is later discovered to be incorrect or incomplete. Unfortunately, as Ting’s case demonstrates, innocence is not always a defense to misrepresentation.

To avoid misrepresentation in your immigration application areas, you should consult with an experienced Canadian immigration lawyer who will work with you to guarantee that the data and documentation you provide are accurate and complete.

Improving Canada’s Immigration Future

Long-term success in Canada depends on immigration. To fully realize the benefits of immigration and provide the best possible experience for newcomers, Canada requires an immigration system that is strong, simple to navigate, and adaptable to change.

The Right Honorable Sean Fraser, Minister of Immigration, Refugees, and Citizenship, today announced the launch of An Immigration System for Canada’s Future, a broad-based engagement initiative aimed at exploring how immigration policies and programmers can support a shared vision for Canada’s future. The spring engagement will include in-person dialogue sessions across the country, thematic workshops, and a survey for the general public and our clients. The feedback gathered will help shape Canada’s future immigration policies and programs, as well as a system that will be sustainable and benefit communities across the country for decades to come.

The next generation of Canada’s immigration system will require ongoing, cross-sector collaboration. As a result, the goal of this engagement initiative is to collect a diverse range of perspectives from a wide range of partners and stakeholders, including all levels of government, businesses, academia, post-secondary institutions, settlement organizations, implicated sectors in Canada, and our clients.

Minister Fraser presided over the first dialogue session in Halifax to kick off the engagement initiative. The session gave the Minister and participants the opportunity to share ideas and discuss how Canada’s immigration policies and programs can better support the needs of communities from coast to coast.

If you want to help shape the future of Canada’s immigration system, Immigration, Refugees, and Citizenship Canada (IRCC) will launch a survey.

Quotes

“Immigration is critical to Canada’s long-term success, and we need to ensure our policies and programs are aligned with the needs of our communities. That is why the Canadian federal government is launching this large-scale engagement initiative, which will allow a diverse range of stakeholders and Canadians to share their ideas and perspectives on how we can build a stronger, more adaptive immigration system for the future of Canada.”

– Sean Fraser, Minister of Immigration, Refugees, and Citizenship

 

1. Canada will welcome approximately 437,000 new permanent residents in 2022, setting a new record.
2. In Canada, immigration is the primary driver of population growth. More than 8.3 million people, or nearly                      (23%) of the population, were landed immigrants or permanent residents in Canada in 2021. This was the highest percentage since Confederation and the highest among the G7 countries.
3. The proportion of our population of working age is decreasing. In Canada fifty years ago, there were approximately seven workers for every senior. We are currently at approximately three workers for each senior, with a projected reduction to close to two workers for each senior in the near future.   Almost two-thirds of recent immigrants are of working age—between the ages of 18 and 65 25 and 54—helping rejuvenate Canada’s population.
4.    Immigration, Refugees, and Citizenship Canada (IRCC) have taken consistent action to reduce application backlogs and build a stronger immigration system as part of our ongoing efforts to improve client service. This includes digitizing applications, hiring and training new employees, and leveraging automation technologies to increase processing capacity and efficiency while protecting Canadians’ safety and security.

Speeches for the Honorable Sean Fraser, Minister of Immigration, Refugees, and Citizenship, has made an announcement regarding a request for proposals under the foreign credential recognition program.

Speech Delivered Monday, December 5, 2022, in Charlottetown, Prince Edward Island

Good morning, everyone, and a special thanks to my friend Sean Casey for this morning’s introduction.

I’m delighted to be joining you virtually today from Ottawa, the Algonquin People’s traditional and unheeded territory.

Before I get into the details of today’s announcement, let me just say that Canada needs more people. We need more people for a variety of reasons, including economic and demographic ones. It is critical that we understand the economic context in which we currently exist when discussing our increased immigration ambition. Despite some challenges, Canada has had one of the strongest economic recoveries from the COVID-19 pandemic of any advanced country.

Understanding the Value of Translated Documents with an Immigration Application.

 The IRCC requires that all supporting documents submitted with an immigration application be in English or French.

All foreign language documents submitted in support of applications for immigration and citizenship must be accompanied by an official translation in English or French, according to Immigration, Refugees and Citizenship Canada (IRCC). These documents must also be translated by a certified official translator.

If an applicant fails to have their documents officially translated and certified, their application may be rejected or considered incomplete.

Hasan Gorgulu’s Story

The case of Hasan Gorgulu exemplifies why it is critical to ensure full accuracy and completion of foreign language document translation in conjunction with an immigration application. Mr. Gorgulu’s case was heard in federal court in January 2023. Gorgulu, a Turkish national, applied to IRCC for a pre-removal risk assessment (PRRA). A PRRA is an application that a person may file if they are being deported from Canada and returning to their home country would endanger their life or expose them to persecution or cruel punishment. He submitted three Turkish-language documents in support of his application. However, despite providing copies of these documents in English, they were not certified.

Gorgulu’s application was thus denied because According to the IRCC officer, the English documents were not properly certified and thus were not considered in his application.

Gorgulu sought judicial review of this decision, claiming that the officer’s treatment of the English documents, as well as the decision to deny his application, were both unreasonable.

The verdict in Hasan Gorgulu’s case

According to the Federal Court, Guide 5523, which was created as a guide for PRRA applications, written application submissions, and any supporting documents must be provided in English or French.

Any non-official language documents must be accompanied by an official language translation, complete with a translator’s declaration.

According to the Guide, documents submitted only in non-official languages will not be considered.

Furthermore, the federal court rules that IRCC personnel cannot be required to understand documents written in non-official languages because they will be unable to assess the value of the information in the document if it is not written in English or French.

The court, however, claims that Guide 5523 does not outline any legal requirements for IRCC. As a result, PRRA-assessing officers are not prohibited from informing applicants about issues with their documents, giving them the opportunity to correct the error before a decision is made. Instead, it is up to the IRCC officer to bring an issue like this to the applicant’s attention.

As a result, the federal court determined that the officer’s failure to bring the error to Gorgulu’s attention was unreasonable. A reasonable officer would have concluded that the document translation problem was most likely the result of an error on the part of the translator or the lawyer who submitted the documents. Furthermore, the stakes are very high for a PRRA applicant, and the decision had a significant impact on the applicant’s rights and interests. As a result, the officer’s decision failed to take into account the consequences of the decision and what was at stake.

What Canadian immigrants can learn from the case of Hasan Gorgulu

Gorgulu’s case can serve as a cautionary tale for all current and prospective Canadian immigrants.

Failure to provide a complete, accurate, and certified translation of foreign-language documents into English or French can jeopardize an applicant’s immigration application.

Any current or prospective Canadian immigration applicant would benefit greatly from fully understanding the Canadian government’s document translation requirements before submitting foreign-language documents as part of their journey to a new life in Canada.

The Government of Canada provides numerous online resources, including this webpage, to assist Canadian immigrants in fully understanding their obligations to translate documents into one of Canada’s official languages before submission.

In 2022, Canada will see an all-time high in work permits.

Between the TFWP and the IMP, Canadian immigration sets yet another record, welcoming the most foreign workers in a calendar year.

A record 608,420 Canadian work permits will be issued in 2022.

This is nearly 200,000 more work permits than were issued in 2021, when only 414,000 permits were issued.

Work permits were issued through Canada’s two main work permit pathways, the International Mobility Program (IMP) and the Temporary Foreign Worker Program (TFWP) (TFWP).

The IMP was used by the vast majority of work permit holders (77%) who were welcomed into Canada in 2022. In total, 472,070 work permits will be issued under the IMP in 2022.

In comparison, the remaining quarter of permits (136,350) was issued to TFWP workers.

Both the IMP and the TFWP have seen an increase in the number of permits issued each year. Only 303,545 work permits were valid under the IMP in 2019. After a slight decrease in 2020 due to the COVID-19 pandemic, the number of permits under the IMP increased to 310,660 in 2021. Since 2019, the IMP has seen a more than 55% increase in effective work permits.

Only 98,030 work permits were issued under the TFWP in 2019. Following the same decrease as IMP work permits in 2020, this number rebounded to 103,340 effective permits in 2021. As a result, there has been a 39% increase in work permits issued under the TFWP since 2019.

What exactly are the TFWP and the IMP?

The TFWP and the IMP both issue work permits to temporary foreign workers (TFWs) so that they can work and live in Canada. There are, however, significant differences between the two pathways that should be noted.

The TFWP allows Canadian employers to issue work permits to TFWs in response to genuine labor shortages in the country. The most significant distinction between the TFWP and the IMP is the requirement for an LMIA, a government document used to assess the impact of hiring a foreign national on the Canadian labor market. LMIAs are required for the TFWP to issue a work permit. Work permits issued under the TFWP with an LMIA are generally “employer-specific/LMIA-based,” as appeared differently in relation to open work permits issued under the IMP.

The IMP, on the other hand, exists to promote Canada’s broad economic, social, and cultural policy goals. Work permits under the IMP are typically granted based on reciprocity (between the applicant’s home country and Canada) or the significant cultural or economic benefit of hiring a TFW. As a result, the IMP includes programs such as the Global Talent Stream, International Experience Canada, and the Significant Benefit work permit (among others).

Because the IMP’s scope is broader than the TFWP, the Canadian government does not use an LMIA system when issuing work permits under the IMP; instead, applicants are usually issued open work permits. Holders of open work permits can work in most industries and for most employers, whereas employer-specific permits issued under the TFWP are usually limited to one employer tied to work with that specific employer and in that industry.

Refusals but rather appeals in Canadian immigration cases

If your immigration application was denied unfairly, you may have recourse.

It can be devastating to learn that your application for temporary or permanent residency in Canada has been denied. You may, fortunately, have options.

The refusal of an application by a Canadian immigration officer may be challenged if the decision was incorrect in fact or law, or if it was unreasonable in light of the facts at hand and the quality of the file presented to the officers.

How can we help you?

We as Immigration Consultants are always here to guide our worthy clients regarding their Immigration and travel queries. We as Canadian immigration consultants will update you with the latest rules and regulations. So stay connected with us. We are dealing with work permits, skilled immigration, student visa, visit visa

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All decisions made by Immigration, Refugees and Citizenship Canada (IRCC) that affect an application can be appealed to the Federal Court, which will first determine whether the case merits a hearing or raises an important legal question. A work or study permit application that is denied despite substantial evidence to the contrary is an example of this.

In the case of refused sponsorships, for example, the refusal of an application for permanent residence can also be challenged before the Immigration Appeal Division. The refusal of an application for permanent residence, like the refusal of a skilled worker application, can be challenged in Federal Court.

If your situation warrants it, you may hire a Canadian immigration lawyer to assist you with a reconsideration letter.
If the refusal was based on an error in fact or law and was not in accordance with procedural fairness principles, a lawyer can write to the program manager of the Canadian Visa Office in question to point out the errors and request that the refusal be reconsidered.
If you do not receive a response or receive a negative response, a lawyer can assist you in pursuing the appropriate legal proceedings if the case appears to be worth pursuing.

Applicants who are denied by IRCC at the federal level usually file appeals with the Immigration Appeal Division or the Federal Court.
When permanent immigration applications are denied by Quebec’s immigration department, MIFI, recourses are usually filed with the Tribunal de services du Québec or the Superior Court of Quebec.