--- title: "Misrepresentation and Admissibility Hearings" date: 2026-10-12 author: "K&S" url: https://cohenmurisonlaw.com/immigration/misrepresentation-admissibility-hearings/ --- ![](https://cohenmurisonlaw.com/wp-content/uploads/2026/10/immigration-pearson.webp) # Misrepresentation concern or admissibility hearing? *Respond before the deadline.* A misrepresentation finding can bar you from Canada for five years. We review what the officer thinks is wrong, answer the letter, and represent you at the hearing or on appeal. ## Thank you, we have it. We'll call you during office hours, 9 am to 5 pm, 7 days a week. If your response is due in the next few days, call now. [Book a free video meeting now](https://calendar.app.google/p4UydfDQwFAi1NRUA) [Call (289) 309-3069](tel:+12893093069) Section 40 of the Act ## What counts as *misrepresentation.* You're inadmissible if you directly or indirectly misrepresent or withhold material facts that could lead to an error in how the law is applied. A fact is material if it could affect the decision. It doesn't have to be deliberate. [Ask about your file](#review) - **Wrong or missing facts**An answer on a form that isn't accurate, or a fact you left out, such as a past refusal or a family member. - **Documents that aren't genuine**Job letters, bank statements, school letters or other documents that are false or altered. - **Someone else's mistake**You're responsible for your application even when a representative prepared it. The courts allow only a narrow exception for an honest, reasonable mistake. - **A sponsor's misrepresentation**You can be found inadmissible if your sponsor is, but only if the officer is satisfied the facts justify it. Procedural fairness letters ## Got a fairness letter? *This is your chance to answer.* Before refusing you for misrepresentation, an officer is expected to tell you the concern and let you respond. The letter sets a deadline. What you send is often the only thing standing between you and a 5-year bar. [Ask about your letter](#review) 1. **Read the concern closely**The letter says what the officer thinks is wrong. The answer has to address *that* concern, not the whole application. 2. **Check what you actually sent**We compare the letter with your forms, documents and any earlier applications. 3. **Gather proof**Records that explain or correct the point, from employers, banks, schools or government offices. 4. **Write a clear response**Explain what happened, why the fact wasn't false or wasn't material, or why it was an honest mistake. 5. **Send it on time**Before the deadline in the letter. If you need more time, ask in writing *before* it passes. Your first meeting ## What to bring *to the first meeting.* If your deadline is close, book first and send the rest after. - **The letter or decision**The fairness letter, refusal, report or notice to appear. - **Your application**The forms and documents you submitted, as sent. - **The documents in question**And anything that shows where they came from. - **Earlier applications**Past visas, permits or refusals, in Canada or elsewhere. - **Who prepared it**Your representative's name and your messages with them. - **Key dates**When you received the letter and its response deadline. Deadline check ## Already have a decision? *Check your deadline.* Once there is a misrepresentation finding or a removal order, the time to challenge it is short. Pick what you received and the date. - 30 **days to appeal a removal order to the Immigration Appeal Division** - 15 **days for Federal Court judicial review of a decision made in Canada** What did you receive? Removal order after an admissibility hearing Refusal for misrepresentation (applied in Canada) Refusal for misrepresentation (applied outside Canada) Date you received it Pick a date to see your deadlines. [Get in touch](#review) General information, not legal advice. Which route applies depends on your status and the ground of the finding. Court rules on counting days and holidays can move the exact date. A procedural fairness letter sets its own deadline, so follow the date in the letter. We'll confirm your deadline. Hearings and appeals ## Where your case *can be heard.* If you're in Canada, an inadmissibility report can be sent to the Immigration Division for a hearing. What comes next depends on your status and the ground. ### Immigration Division hearing A hearing at the Immigration and Refugee Board. Minister's counsel from the border agency must prove the allegation, and you can bring evidence and witnesses. You must be in Canada for it to go ahead. **Keep in mind**Documents and witnesses must be disclosed to the Division and the border agency at least 5 days before. ### Appeal to the Immigration Appeal Division Permanent residents can appeal a removal order within 30 days. The Division can look at errors of law or fact, fairness, and humanitarian factors, including the best interests of a child. **Keep in mind**A sponsorship refused for misrepresentation can only be appealed if the person sponsored is a spouse, partner or child. ### Federal Court judicial review Where there's no appeal, the Federal Court can review whether the officer's decision was reasonable and fair. The deadline is 15 days for decisions made in Canada and 60 days for those made abroad. **Keep in mind**The Court doesn't approve applications. It sends the file back for a new decision. ### Living with the 5-year bar The bar runs 5 years from the final decision if it was made outside Canada, or from the date you were removed if it was made in Canada. A Temporary Resident Permit may be possible in the meantime. **Keep in mind**After an exclusion order for misrepresentation, you need written permission to return within those 5 years. ★★★★★ > “His guidance was clear, honest, and very reassuring during a stressful time.” **S* Sana ChaudharyGoogle review* Videos ## Watch it *explained.* [More on YouTube](https://www.youtube.com/@CohenMurisonLaw) Questions ## Misrepresentation *and hearings* Don't see yours? Call [(289) 309-3069](tel:+12893093069). How long is the misrepresentation bar? Five years. If the finding was made outside Canada, the 5 years run from the final decision. If it was made in Canada, they run from the date the removal order is enforced, meaning the day you leave. What should I do when I get a procedural fairness letter? Don't ignore it and don't guess. Read exactly what the officer is concerned about, gather documents that answer it, and send a clear written response before the deadline in the letter. If you need more time, ask for it in writing before the deadline passes. Can I be found inadmissible if my consultant or agent made the mistake? Yes. You're responsible for everything in your application, even when someone else prepared it. The courts accept a narrow exception where you honestly and reasonably believed the information was true and the error was beyond your control. Can I appeal a misrepresentation finding? It depends on your status. A permanent resident can usually appeal a removal order to the Immigration Appeal Division within 30 days. A sponsorship refused for misrepresentation can be appealed only if the person sponsored is a spouse, common-law partner or child. Otherwise, the route is judicial review at the Federal Court, within 15 days for decisions made in Canada or 60 days for decisions made abroad. What happens at an Immigration Division admissibility hearing? A member of the Immigration and Refugee Board hears both sides. Minister's counsel must prove you're inadmissible, and you can present evidence and witnesses. The member then either makes a removal order or allows you to enter or stay in Canada. Is the first meeting free? Video meetings are free. In-person meetings at First Canadian Place are $100. Related ## Other immigration *matters we handle.* [**Refusals, Reconsideration and Judicial Review**Read more](https://cohenmurisonlaw.com/immigration/refusal-reconsideration-judicial-review/) [**Inadmissibility and Removal**Read more](https://cohenmurisonlaw.com/immigration/inadmissibility-removal/) [**Spousal and Common-Law Sponsorship**Read more](https://cohenmurisonlaw.com/immigration/spousal-sponsorship/) [**Visitor Visa Refusals**Read more](https://cohenmurisonlaw.com/immigration/visitor-visa-refusal/) Free video meeting ## Got a letter or a hearing date? *Talk to us now.* By video (free) or in person at First Canadian Place ($100), 7 days a week. [Book a free video meeting](https://calendar.app.google/p4UydfDQwFAi1NRUA) [Call (289) 309-3069](tel:+12893093069) [Send a message](#review) **Cohen Murison Law** 100 King Street West, Suite 5700 First Canadian Place, Toronto, ON M5X 1C7 Open 7 days, 9 am to 5 pm. Closed on public holidays. --- ## Cohen Murison Law - Website: https://cohenmurisonlaw.com - Contact: pawan@konanandspade.com