What is Misrepresentation in Visa Application?
A misrepresentation is a statement not in accord with the truth — made by either the visa applicant or his agent on his behalf. It must be a statement or a submitted document; silence is not considered a misrepresentation.
What is Misrepresentation Immigration?
It’s a serious crime to lie, or to send false information or documents to Immigration, Refugees and Citizenship Canada (IRCC). This is fraud. It’s called “misrepresentation.” Document fraud can involve either false or altered documents, such as: passports and travel documents.
What is Considered Misrepresentation in IRCC?
Misrepresentation occurs when information is provided to Immigration, Refugees and Citizenship Canada (IRCC) or to the Canada Border Services Agency (CBSA) that is inconsistent, inaccurate, or incomplete. Misrepresented information can be provided (or omitted) by yourself, a family member, or your representative.
How Misrepresentation Works
Misrepresentation applies only to statements of fact, not to opinions or predictions. Misrepresentation is a basis for contract breach in transactions, no matter the size.
A seller of a car in a private transaction could misrepresent the number of miles to a prospective buyer, which could cause the person to purchase the car. If the buyer later finds out that the car had much more wear and tear than represented, they can file a suit against the seller.
In higher stakes situations, a misrepresentation can be considered an event of default by a lender, for instance, in a credit agreement. Meanwhile, misrepresentations can be grounds for termination of a mergers and acquisitions (M&A) deal, in which case a substantial break fee could apply.
Special Considerations
In some situations, such as where a fiduciary relationship is involved, misrepresentation can occur by omission. That is, misrepresentation may occur where a fiduciary fails to disclose material facts of which they have knowledge.
A duty also exists to correct any statements of fact which later become known to be untrue. In this case, the failure to correct a previous false statement would be a misrepresentation.
Types of Misrepresentations
There are three types of misrepresentations. Innocent misrepresentation is a false statement of material fact by the defendant, who was unaware at the time of contract signing that the statement was untrue. The remedy in this situation is usually rescission or cancellation of the contract.
The second type is the negligent misrepresentation. This type of misrepresentation is a statement that the defendant did not attempt to verify was true before executing a contract. This is a violation of the concept of “reasonable care” that a party must undertake before entering an agreement. The remedy for negligent misrepresentation is contract rescission and possibly damages.
The third type is a fraudulent misrepresentation. A fraudulent misrepresentation is a statement that the defendant made knowing it was false or that the defendant made recklessly to induce the other party to enter a contract. The injured party can seek to void the contract and to recover damages from the defendant.
What are some examples of misrepresentation?
In a fraudulent misrepresentation, a party makes a false claim regarding a contract or transaction but knows it isn’t true. For example, if a person is selling a car and knows there is a problem with the transmission, yet advertises it in perfect mechanical condition, they have committed fraudulent misrepresentation.
How do you fight misrepresentation in immigration case?
Applying for a Waiver for Fraud or Misrepresentation under Section 212(i) If the applicant is not in removal proceedings, he or she may file the Form I-601 with the USCIS in accordance with the form instructions. If the alien is in removal proceedings, he or she may seek a section 212(i) waiver as a defense to removal.
What is the penalty for misrepresentation?
Whoever makes any misrepresentation to, or suppresses any material fact from the Controller or the Certifying Authority for obtaining any licence or 1 [electronic signature Certificate], as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one Lakh rupees or with both.
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