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Admissibility Hearing

Permanent Residence Application Denied: What now?

March 16, 2017 By immigration-lawyer

Permanent residence application

I am a Permanent Resident but I misrepresented myself in my Permanent Residence Application and now immigration wants to remove me from Canada – is there a way to stay?

If you send false documents to the CIC or lied in your written application or during an interview with CIC, this is considered as fraud and is taken very seriously by immigration authorities. When a removal order is issued on the basis of misrepresentation, you have limited rights of appeal.

There are different levels of removal orders and if you do not act within the time-frame prescribed in the order, it may automatically be escalated to a higher level which might bar you from ever entering Canada again. Therefore, if you are made subject to a removal order, it is crucial that you act promptly and obtain legal advice from a practitioner with ample experience in dealing with similar cases as soon as practicable.

To determine whether you misrepresented or not, a hearing will be held at the Immigration Division which is called an “Admissibility Hearing”. If you are declared inadmissible to Canada, you can file an appeal of the removal order against you at the Immigration Appeal Division. At the Immigration Appeal Division, the Board Member will look at many factors to determine whether you deserve to stay in Canada despite your inadmissibility (establishment in Canada, remorse, community support, rehabilitation, the seriousness of the offense etc).

Filed Under: Admissibility Hearing

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