canadianwoman
VIP Member
- Nov 6, 2009
- 288
- Category........
- Visa Office......
- Accra, Ghana
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 30-01-2008
- Interview........
- 05-05-2009
Huang v. Canada, 2009, is a case where the applicant answered 'no', but where she had in fact applied for a visa. The visa officer found she had misrepresented herself. (There were other reasons for rejecting the application, though.)
https://www.canlii.org/en/ca/irb/doc/2009/2009canlii33696/2009canlii33696.html?searchUrlHash=AAAAAQArbWlzcmVwcmVzZW50YXRpb24gSXJlbGFuZCBpbW1pZ3JhdGlvbiBzdHVkeQAAAAAB&resultIndex=2
In Qin v. Canada, 2009, the judge says that it is important to look at whether the misrepresentation was deliberate or merely careless (paragraph 16).
https://www.canlii.org/en/ca/irb/doc/2009/2009canlii79997/2009canlii79997.html?searchUrlHash=AAAAAQAzbWlzcmVwcmVzZW50YXRpb24gaW1taWdyYXRpb24gZWxzZXdoZXJlIGluYWR2ZXJ0ZW50AAAAAAE&resultIndex=4
You can go to the CanLII website and look for cases there.
You will find that in most cases where misrepresentation is an issue, the appeal is dismissed.
https://www.canlii.org/en/ca/irb/doc/2009/2009canlii33696/2009canlii33696.html?searchUrlHash=AAAAAQArbWlzcmVwcmVzZW50YXRpb24gSXJlbGFuZCBpbW1pZ3JhdGlvbiBzdHVkeQAAAAAB&resultIndex=2
In Qin v. Canada, 2009, the judge says that it is important to look at whether the misrepresentation was deliberate or merely careless (paragraph 16).
https://www.canlii.org/en/ca/irb/doc/2009/2009canlii79997/2009canlii79997.html?searchUrlHash=AAAAAQAzbWlzcmVwcmVzZW50YXRpb24gaW1taWdyYXRpb24gZWxzZXdoZXJlIGluYWR2ZXJ0ZW50AAAAAAE&resultIndex=4
You can go to the CanLII website and look for cases there.
You will find that in most cases where misrepresentation is an issue, the appeal is dismissed.