I am trying to understand this question.

[madeinczech]

17. Are you the subject of a report on inadmissibility?

I am the sponsor and I'm not inadmissible but want to know if anyone could elaborate this.

 

[Wakki]

IMM1344A form under Sponsor Eligibility Assessment section...Q17....."are you the subject of a report on inadmissibility?"

If you answer to question 16 to 18 is "Yes", see the guide for circumstances under which processing may be suspended.

See below for possible reasons why the SPONSOR may be ineligible to sponsor their family member until SPONSOR has been cleared of the below issues.

Refer....

Things that might affect you
Suspension of processing
If any of the situations or circumstances below apply to you, we won’t start processing your sponsorship application until a final decision related to the situation has been made.

• Your citizenship is in the process of being revoked;
• You have a removal order against you;
• You’ve failed to respect your residency conditions;
• The Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety signed a certificate stating you’re inadmissible because of security, human or international rights violation, serious criminality or organized criminality;
• You’ve been charged with an offence that is punishable by a maximum prison term of ten years.

 

[singleman]

The Immigration and Refugee Protection Act ("IRPA") describes different grounds of inadmissibility, which include: (a) security grounds, (b) human or international rights violations, (c) criminality, (d) organized criminality, (e) health grounds, (f) financial reasons, (g) misrepresentations, (h) non-compliance with Canadian immigration laws, and (i) inadmissible family members. Each of these grounds of inadmissibility are described in greater detail below. Foreign nationals are subject to all of these grounds of inadmissibility; permanent residents are subject to some, but not all of these grounds of inadmissibility.

 

[LifeDreamer]

The answer is No.

If you were the subject of an inadmissibility report, chances are that you know what is going on and aware of your situation. An inadmissibility report means you are being deported but are fighting this with appeals ..etc.

 

[good2011]

Does the inadmissibility apply to the sponsor who is a Canadian born citizen?

IMM1344A form under Sponsor Eligibility Assessment section...Q17....."are you the subject of a report on inadmissibility?"

If you answer to question 16 to 18 is "Yes", see the guide for circumstances under which processing may be suspended.

See below for possible reasons why the SPONSOR may be ineligible to sponsor their family member until SPONSOR has been cleared of the below issues.

Refer....

Things that might affect you
Suspension of processing
If any of the situations or circumstances below apply to you, we won’t start processing your sponsorship application until a final decision related to the situation has been made.

• Your citizenship is in the process of being revoked;
• You have a removal order against you;
• You’ve failed to respect your residency conditions;
• The Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety signed a certificate stating you’re inadmissible because of security, human or international rights violation, serious criminality or organized criminality;
• You’ve been charged with an offence that is punishable by a maximum prison term of ten years.

 

[scylla]

Does the inadmissibility apply to the sponsor who is a Canadian born citizen?

Under what circumstances would a Canadian born citizen be the subject of an inadmissibility report? I don't see how this is possible.

 

[good2011]

Misrepresentation??

Under what circumstances would a Canadian born citizen be the subject of an inadmissibility report? I don't see how this is possible.

 

[good2011]

Under what circumstances would a Canadian born citizen be the subject of an inadmissibility report? I don't see how this is possible.

Seems like the only consequence is to fail the eligibility of sponsor on the ground of IRPA 16(1) if a Canadian born sponsor committed a misrepresentation? They can still withdraw the application and resubmit it. There is no influence to the sponsored person except the extra time consuming. Because IRPA40(1) only effects a permanent resident or a foreign national who committed misrepresentation when sponsoring or being sponsored?

• 40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

 

[armoured]

Seems like the only subsequency is to fail the eligibility of sponsor on the ground of IRPA 16(1) if a Canadian born sponsor committed a misrepresentation? They can still withdraw the application and resubmit it. There is no influence to the sponsored person except the extra time consuming. Because IRPA40(1) only effects a permanent resident or a foreign national who committed misrepresentation when sponsoring or being sponsored?

• 40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

Short answer is I don't think a Canadian born citizen CAN be inadmissible.

 

[good2011]

Seems like the only consequence is to fail the eligibility of sponsor on the ground of IRPA 16(1) if a Canadian born sponsor committed a misrepresentation? They can still withdraw the application and resubmit it. There is no influence to the sponsored person except the extra time consuming. Because IRPA40(1) only effects a permanent resident or a foreign national who committed misrepresentation when sponsoring or being sponsored?

• 40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

Maybe this is incorrect. In some cases, the sponsor’s misrepresentation was taken as “indirectly misrepresenting” by the sponsored person, which will still lead the sponsored person to be inadmissible.

 

[scylla]

Maybe this is incorrect. In some cases, the sponsor’s misrepresentation was taken as “indirectly misrepresenting” by the sponsored person, which will still lead the sponsored person to be inadmissible.

It's confusing to understand what your question is and without the details of the actual misrepresentation.

A Canadian born citizen is not going to lose citizenship status due to misrepresentation. That isn't possible.

If a Canadian born citizen is sponsoring a spouse and there is a material misrepresentation in the sponsorship application, this could impact the applicant and result in the applicant being banned from 5 years for misrepresentation. However this wouldn't impact the sponsor's citizenship status.

 

[good2011]

If a Canadian born citizen is sponsoring a spouse and there is a material misrepresentation in the sponsorship application, this could impact the applicant and result in the applicant being banned from 5 years for misrepresentation.

Thanks for the reply. This is exactly the case what I was asking and sorry for the confusing.

It confuses me that if the 5 years ban to the applicant is ground for IRPA 40(1) (a) or (b)?

If it is IRPA 40(1)(a), and meanwhile the exam of the application includes two parts, which are the sponsor’s eligibility and the applicant’s PR application. If the sponsor committed misrepresentation in the first stage of sponsor’s eligibility, will it result in the 5 years ban to the applicant? Or the sponsor will just fail the first stage and can choose to withdraw(not continue) the second stage of applicant’s PR application in order to avoid the 5 years ban to the applicant?

If it’s IRPA 40(1)(b), and meanwhile the foreign national(the applicant) was sponsored by a Canadian born sponsor, who committed a misrepresentation but will NEVER be determined to be inadmissible, is IRPA 40(1)(b) still applies to the applicant for the 5 years ban?

IRPA 40(1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
• (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

 

[armoured]

It confuses me that if the 5 years ban to the applicant is ground for IRPA 40(1) (a) or (b)?

If it is IRPA 40(1)(a), and meanwhile the exam of the application includes two parts, which are the sponsor’s eligibility and the applicant’s PR application. If the sponsor committed misrepresentation in the first stage of sponsor’s eligibility, will it result in the 5 years ban to the applicant?
...
If it’s IRPA 40(1)(b), and meanwhile the foreign national(the applicant) was sponsored by a Canadian born sponsor, who committed a misrepresentation but will NEVER be determined to be inadmissible, is IRPA 40(1)(b) still applies to the applicant for the 5 years ban?

IRPA 40(1) A permanent resident or a foreign national is inadmissible for misrepresentation

• (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
• (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

Bluntly, your question is for lawyers, not for internet fora.

My guess (not a lawyer) is that if IRCC wishes to pursue and impose the five year ban, they will base it upon 401(a), on assumption that the Canadian citizen-sponsor and the applicant colluded in this matter - or, phrasing differently, that the applicant indirectly misrepresented by not correcting any material facts.

Could that be challenged? Sure. Woudl it work? No idea. Talk to a lawyer.