Immigration 101 - Material fact and Misrepresentation
- in English
ICCRC 2 CPD hours - Validity of the recording expired on: 08.08.2018
- Introduction to s. 40 of the Immigration and Refugee Protection Act
o Discussion of elements of misrepresentation including role of mens rea
o What constitutes a material fact?
o Review of relevant case law from Federal Court and Immigration and Refugee Board
o Professional obligation if the client asks you to put forward incorrect statements or withhold facts in an application
o Duty of candour - Obligation regarding declaration of change in circumstances
o Role of credibility in overcoming a misrepresentation finding
- Innocent Misrepresentation:
o Can someone be found to be inadmissible under s. 40 IRPA when they really had no idea that misrepresentation occurred?
o Review of relevant case law from Federal Court and limitations to innocent misrepresentation as a defense
- Consequences to misrepresentation in applications and in immigration interviews
o Inadmissibility and exclusion
o Penalties, including for counselling misrepresentation, pursuant to s.126 and 127 IRPA
o When does misrepresentation go from inadmissibility to an immigration offense?
- Case scenarios: Meeting with a client who is facing an allegation of misrepresentation
o Gathering relevant information and facts to determine whether allegations are true
o Determining the client’s options and how to discuss in a constructive manner with the client
o Determining appropriate documents to collect
- Professional obligation: what to do if the client advises that the misrepresentation is true but wants you to provide submissions and evidence denying this? How to maintain your ethical obligation at the same time as protecting the interests of the client
- regular fee - $ 60.00
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