Inadmissibility due to misrepresentation

[virgo63]

Hi All,
My case is concerning about my sponsorship application for my parent
 and 2 siblings.  I submitted the application in 2003 and was directed to
 the Philippines and process as a permanent resident application for my
 father.   In July 2007, we got a decision of inadmissibility due to
 misrepresentation steaming from a discovery that one sibling was in fact
 not a biological child but was declared and listed as a dependent child
 on the application form.

The child in question was in fact not related to our family at all.  He
 was abandoned in our doorstep in 1993 when he was 6 months old.  Since
 then, my parents took care of him.  Nobody claimed him and so by the
 time he was 6 years old, my parents had to register him under their name
 so that paperworks could get done and had him start school.

We were unable to list the child as adopted in the application form
 since there has been no legal paperwork for his adoption.  But him being a
 dependent to my parents albeit not biologically, we listed him as a
 dependent child in the application form (that does not clearly clarifies
 that you could only list your biological dependent there.)

The embassy cited us for misrepresentation because they claimed that we
 have failed to disclose these information at the time the papers were
 being processed further to the fact that they (my parents) had a birth
 registration documentation showing them to be parent of the child.  And
 owing to the fact to that we only told them the circumstances of the
 child when they started asking questions regarding him.

We were contending that the birth certificate was allowed and issued by
 the local civil registry back then when after all those years nobody
 had came up and claimed the child.  The authenticity of the document
 could be verified. We have as well provided the embassy a legal affidavit
 and at least 20 witnesses attesting to the fact that this child was
 abandoned.  

The embassy is insisting that the application has been conclusively
 dealt with, with no chances of appeal.  My parents are therefore subjected
 to being inadmissible to Canada for a period of 2 years.

My question is:  Is there a way that this decision could be
 reverse/circumvented or whatever the legal term be?

Thanks for the advises in advance.

virgo

[thaiguy]

I'm not a legal expert, but I understand CIC's opinion.  The child is not your dependent technically until it's adopted.  At any time, the real parents of the child could come forth and prove that the child belongs to them through DNA testing.  What if they didn't want the child to go to Canada?  What if the child then choses to sponsor his/her biological relatives at a later date?  And how does CIC know this isn't a case of kidnapping?

This could all become very messy if CIC approved your application.  Basically, without adoption, you don't have the right to call the child yours.

[PMM]

Hi

I'm not a legal expert, but I understand CIC's opinion.  The child is not your dependent technically until it's adopted.  At any time, the real parents of the child could come forth and prove that the child belongs to them through DNA testing.  What if they didn't want the child to go to Canada?  What if the child then choses to sponsor his/her biological relatives at a later date?  And how does CIC know this isn't a case of kidnapping?

This could all become very messy if CIC approved your application.  Basically, without adoption, you don't have the right to call the child yours.

And they submitted a false birth registration, whereas if they told the truth, the child could have been included in the application as a defacto family member.  Little sympathy.

PMM