VISITORS AND TEMPORARY RESIDENTS - Temporary entry - Students

Law360 Canada ( September 26, 2024, 12:37 PM EDT) -- Application by Kumari for judicial review of the Immigration Division's ("ID") finding of misrepresentation against her. Kumari, a citizen of India, applied for a study permit through a representative. The representative advised her that she had received an offer of admission from Fanshawe College. She alleged that after arriving in Canada, her representative enrolled her in another institution due to a strike at Fanshawe College. She claimed she never suspected that the acceptance letter from Fanshawe College was fraudulent, nor did she contact the school on her own and did not know that she was required to inform Immigration, Refugees and Citizenship Canada ("IRCC") of the change, believing the representative would do so on her behalf. She was able to finish her studies in Canada, was granted a work permit and applied for a permanent residence status. A report was prepared finding Kumari inadmissible for having misrepresented herself on her study permit application by submitting a fraudulent acceptance letter. The matter was referred to the ID for an admissibility hearing which concluded that the inadmissibility report was well-founded, and that Kumari directly misrepresented a material fact that induced an error in the administration of the Immigration and Refugee Protection Act ("IRPA"). Kumari argued that the decision was unreasonable because the misrepresentation was not material and did not induce or could have induced an error in the administration of the IRPA. She submitted that her place of study was immaterial to the issuance of her study permit....
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