Federal ruling: the importance of avoiding misrepresentation in Canadian immigration applications

02 Mar 2023

联邦裁决：在加拿大移民申请中避免虚假陈述的重要性 虚假陈述可能会造成严重后果。 Federal ruling: the importance of avoiding misrepresentation in Canadian immigration applications Misrepresentation can have serious consequences.

李婷是中国公民，但她的两个孩子在加拿大读书。她之前已经获得了临时居民签证 (TRV)，这样她就可以在加拿大与孩子们共度时光。 Ting Li was a citizen of China, but her two children were studying in Canada. She had previously obtained a temporary resident visa (TRV) so that she could be in Canada and spend time with her children.

2021 年，Ting 获得了 Fullsun Trading Inc. 的采购经理职位，因为她之前在中国有过类似职位的工作经验。因此，她申请了工作许可。 In 2021, Ting received a job offer as a purchasing manager at Fullsun Trading Inc., as she had prior work experience in a similar position in China. Accordingly, she applied for a work permit.

婷收到了移民官的程序公正信，对她工作经历的差异和真实性表示担忧。 Ting 在回复这封信时解释了她在 TRV 申请中所列的工作经历与她在工作许可申请中所列的工作经历的不同之处。 Ting received a procedural fairness letter from the immigration officer raising concerns about the discrepancies and authenticity of her employment history. Ting responded to the letter by explaining the differences in her work history set forth in her TRV application versus the work history in her work permit application.

婷表示，差异是由于她在提交 TRV 申请时没有意识到的错误。在申请工作许可时，她更加认真地对待这个过程，更加准确、真实地填写了工作经历信息。 Ting stated that the differences were due to mistakes that she did not realize when submitting the TRV application. When she applied for the work permit, she took the process more seriously and filled out the work history information more accurately and truthfully.

Ting 还附上了总经理在中国工作的一封信，确认了她工作经历的详细信息，以及社会保险和个人所得税记录，以进一步证实就业证明。 Ting also included a letter from the General Manager from her job in China confirming the details of her work history, along with social insurance and personal income tax records to further corroborate the proof of employment.

在收到解释差异的信件和文件后，移民官仍然拒绝了她的工作签证申请。该官员引用了《移民和难民保护法》第 40(1)(a) 段，指出 Ting 歪曲了重要事实，并指控她提交了欺诈性文件和信息。 Following the receipt of the letter and documents explaining the discrepancies, the immigration officer still rejected her work visa application. The officer cited paragraph 40(1)(a) of the Immigration and Refugee Protection Act, stating that Ting had misrepresented a material fact and accused her of submitting fraudulent document and information.

丁向联邦法院提起诉讼。她并不否认她的 TRV 申请中存在错误，但她声称她对这些差异的解释是可信的。 Ting brought an action before the Federal Court. She did not deny that there was a mistake in her TRV application, but she claimed that her explanations for the discrepancies were credible.

法院发现，该官员未能正确处理解释为什么这两个申请不同的证据，也没有考虑确认她工作经历的证据。该官员没有解释她提供的新证据如何未能充分解决问题，并最终认为该决定是不合理的。 The court found that the officer failed to properly grapple with the evidence explaining why the two applications were different and failed to consider the evidence confirming her work history. The officer did not explain how the new evidence she provided did not adequately address the concerns, and ultimately held that the decision was unreasonable.

对移民申请人的影响 Implications for immigration applicants

李诉加拿大案对申请加拿大移民的外国公民具有重要意义。虚假陈述很难克服。移民官员对虚假陈述很严格，这可能导致申请被拒绝或身份被撤销。虚假陈述还可能导致申请人被加拿大视为不可接受。 The case of Li v Canada has important implications for foreign nationals applying for Canadian immigration. Misrepresentation is difficult to overcome. Immigration officials are strict about misrepresentation, and it could result in an application being refused or status being revoked. Misrepresentation could also result in an applicant being deemed inadmissible to Canada.

此外，除了您的申请被拒绝之外，对移民申请的虚假陈述可能会产生严重的后果。根据加拿大移民、难民和公民部 (IRCC) 的规定，针对虚假文件或信息，IRCC 可能： Furthermore, misrepresentation on immigration applications can have severe consequences, beyond your application being refused. According to Immigration, Refugee and Citizenship Canada (IRCC), in response to false documents or information, IRCC may:

• 禁止您进入加拿大至少 5 年； - Forbid you from entering Canada for at least 5 years;
• 给你永久的欺诈记录； - Give you a permanent record of fraud;
• 取消您作为永久居民或加拿大公民的身份； - Take away your status as permanent resident or Canadian citizen;
• 您是否被指控犯罪；或者 - Have you charged with a crime; or
• 将您从加拿大移除。 - Remove you from Canada.

Ting 的案例说明了确保您的申请准确、最新和完整的重要性。 Ting’s case illustrates the importance of ensuring your application is accurate, current, and complete.

移民表格和申请可能很复杂。即使申请人可以非常小心并试图说实话，他们仍然很容易做出无辜的虚假陈述。申请人可以提交据他们所知是准确和完整的信息，但结果证明是不正确或不完整的。不幸的是，正如 Ting 的案例所揭示的那样，无罪通常不能作为对虚假陈述的辩护。 Immigration forms and applications can be complex. Even though applicants can be extremely careful and attempt to be truthful, they can still easily make innocent misrepresentations. Applicants may submit information that to the best of their knowledge is accurate and complete but turns out to be incorrect or incomplete. Unfortunately, as revealed by Ting’s case, innocence is not generally a defence to misrepresentation.

为了避免在您的移民申请中出现虚假陈述，联系一位经验丰富的加拿大移民律师可能会有所帮助，他将与您合作以确保所提供的信息和文件准确且完整。 In order to avoid misrepresentation on your immigration applications, it can be helpful to contact an experienced Canadian immigration lawyer who will work with you to make sure the provided information and documentation is accurate and complete.

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