I am on PGWP in Canada right now and I had a false case against my family which was won in 10-11 months back in 2016.
Now I am planning to file for PR and there is a statutory Question of -
Has ****** ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?:
So yes I was in the chargesheet but so did 10 more people.
two step questions -
1) If I say No, I am falsely misrepresenting it?
2) Since at the time of study visa it was done by agent they mentioned only active cases/convictions need to be disclosed, they didnt mention this on the study visa application. If I mention it now would there be any implications to my PGWP as well?
Thanks in Advance.
Whether the case was false or not, is for the courts to decide.
If your name was in the chargesheet, the answer to the question, if you have been charged, is
yes.
First of all, there is no person as an "agent" qualified to represent any individual under Canadian immigration law. Under Canadian law, only lawyers licensed with the Provincial Law Societies or consultants licensed with CICC can represent individuals in immigration applications.
What your unlicensed agent told you was incorrect and completely false.
See the following cases:
Sehgal v Canada (Public Safety and Emergency Preparedness), 2021 CanLII 149251 (CA IRB), <
https://canlii.ca/t/jpbx6>
Bundhel v. Canada (Citizenship and Immigration), 2014 FC 1147 (CanLII), <
https://canlii.ca/t/gfjxd> This case is very similar to what you are facing.
[4] The Officer provided Mr. Bundhel with an opportunity to explain the discrepancy. The excuse he offered was that his answer was merely a “clerical mistake”; because he was ultimately acquitted of the criminal charges, he did not believe the details needed to be mentioned.
[5] The Officer was not satisfied with Mr. Bundhel’s explanation and found that a misrepresentation had occurred. Her reasons were stated as follows:
I have considered this response in the spirit of the way we have phrased our question on the application form. Clearly, we wish to know about prior arrests and charges even if they do not eventually result in conviction or we would not ask the question. By concealing his prior arrest and conviction even if it did end in acquittal the applicant could have induced an error in the administration of the
Immigration and Refugee Protection Act. Specifically: the applicant is applying for a work permit and temporary resident visa to visit Canada. By not providing truthful information regarding his background the officer would not have had the information necessary to determine whether or not he would fall into A36(1)(c) having committed an offence outside of Canada causing arrest and charged with an offence which would equate to
Section 221 of the
Criminal Code of Canada. I do not accept that this was a clerical error as the way the question is worded makes it abundantly clear we are concerned with charges and arrests as well as convictions. Applicant has failed in his requirement to answer all questions truthfully as per A16(1). As such the applicant is inadmissible under A40(1) of the IRPA. Refused on bonafides and for misrepresentation.
This is why going to agents and or unlicensed consultants, or even unexperienced licensed consultants can cost you your legal status in Canada.
This does not mean that all roads are closed. You should contact a lawyer and they can evaluate your application, and documents and draft appropriate paperwork to address the issue.
Also, stating that your agent did something will not absolve you. Having an unscrupulous consultant is not a defence to misrepresentation. The federal court in Haque v Canada (Minister of Citizenship and Immigration)
2011 FC 315, held that the fact that an immigration consultant was to blame for the misrepresentation was no defence.
The applicants cannot avail themselves of the exception for an innocent mistake.
All the best.
[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]
