Immigration 101 - Material fact and Misrepresentation

Seminar ID
ION-2018-05-10
Date and time
Thursday, May 10, 2018 at 15:00 EDT   see it in calendar
Presenter
Cheryl Robinson
Cheryl Robinson
presenter's bio
Attendance
  • recording
Languages
  • in English
CPD hours
LSBC 2 CPD hours available until: 26.11.2018
ICCRC 2 CPD hours available until: 08.08.2018
Description

-  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

Venue
Webinar
Topic and skill level
Duration
2 hours
Cost
  • regular fee - $ 60.00
 

Disclaimer

Please note that speakers and topics were confirmed at the time of publishing; however, circumstances beyond the control of the organizers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. IMEDA reserves the right to alter or to modify the advertised speakers and /or topics, if necessary. Any schedule substitutions or alterations will be updated on the IMEDA website as soon as possible and all registrants will be notified by e-mail.