@legalfalcon sir, I sincerely regret not knowing this error when my application was being processed ( during my PR as well as work permit). my mother got her passport recently, when I was reviewing her documents for applying super visa this dob error came to light. having said that, I am desperately trying to do the right thing. My last question is , If I raise a webform , inform IRCC will this be considered as hiding material fact , and Should I have to handle this matter with lawyer instead on me directly raising eyebrows ? if not, what would the effective way to handle this. I would be privileged to get your general opinion
Please apologies me for the multiple followup and lack of understanding on the perspective.
Under the law you have an obligation to be truthful:
16(1) of IRPA: A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
If you file any application with IRCC, TRV, WP, PR etc, any of them can be looked into to review your current application or future applications, and any inconsistency can be a cause of misrepresentation. All applications have to be consistent, and if they are not, a reason why you omitted the information or the reason for the inconsistency has to be provided.
The law is clear, while applications for different types of status engage different considerations, it does not necessarily flow that statements made in temporary residence applications cannot affect subsequent permanent residence applications (or vice versa). In Suri v. Canada, the court found that the Officer’s concerns vis-à-vis the contradictions between the Applicants’ temporary and permanent applications were reasonable and based on that the applicant's misrepresentation ban was upheld.
Federal courts have ruled on this numerous times.
See Tuiran v. Canada (Citizenship and Immigration), 2018 FC 324 (CanLII), <
http://canlii.ca/t/hr59k
Alalami v. Canada (Citizenship and Immigration), 2018 FC 328 (CanLII), <
http://canlii.ca/t/hr6r1>
Suri v. Canada available at
http://canlii.ca/t/grvwt