The following case demonstrates the importances of being forthright and honest in your application.

An applicant from the United States was sponsored by his Canadian spouse; they have three children between them.

The applicant was refused because of two reasons: (1) US criminal record and (2) misrepresentation on illegal work in Canada and residential information.misrepresentation

Since the criminal record in the US was minor in nature and occurred about 20 years ago, such criminality would have been overcome by numerous humanitarian and compassionate reasons, such as re-unification of family and the best interest of children.

The major point of this case is that the Court will not tolerate any misrepresentation by applicants, even if humanitarian and compassionate consideration may be present.  For example, the Court agreed with Immigration Appeal Division that there would be little hardship for family because they could easily relocate to United States – no need for family to be apart.

This recent decision (2013) shows that strong public policy consideration against the spouse due to his misrepresentation.  As a result, it is critical for all applicants to make sure that all correct, accurate and full information has disclosed in all applications.

Case Note – Zanchetta v. Canada 2013 FC 195 (FC)

If you have any individual questions or concerns, please contact our office for more customized consultation for your unique situation. Please note that this posting is for general information only and is not to be considered binding or official legal counsel since situations will vary and can be complicated. The content in this post is current as of the day of entry. Due to the changing nature of Immigration law, the information in this entry may or may not still be applicable

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *