Banned for Misrepresentation Expired

[babsizkil]

Hi all,
I am asking on behalf of my first cousin that was banned almost 5 years ago for misrepresentation. To cut the whole story short, he got 5 years study visa, then 17 years, but unfortunately, the unlicensed agent used his information for another client as a relative. When IRCC found similarity, his visa was revoked and banned for 4 years for misrepresentation. Since then, he has gone back to university and is now a graduate of Aeronautical Engineering (B.Eng). He wants to further his master's in Canada. Does he need to apply for rehabilitation, or can he re-apply since the ban years have passed? Thanks in advance for any input.
@legalfalcon @canuck78 @scylla

 

[scylla]

Hi all,
I am asking on behalf of my first cousin that was banned almost 5 years ago for misrepresentation. To cut the whole story short, he got 5 years study visa, then 17 years, but unfortunately, the unlicensed agent used his information for another client as a relative. When IRCC found similarity, his visa was revoked and banned for 4 years for misrepresentation. Since then, he has gone back to university and is now a graduate of Aeronautical Engineering (B.Eng). He wants to further his master's in Canada. Does he need to apply for rehabilitation, or can he re-apply since the ban years have passed? Thanks in advance for any input.
@legalfalcon @canuck78 @scylla

Yes, he can reapply as long as the ban is over. He needs to be 100% honest about this history in his application when he reapplies.

 

[legalfalcon]

Hi all,
I am asking on behalf of my first cousin that was banned almost 5 years ago for misrepresentation. To cut the whole story short, he got 5 years study visa, then 17 years, but unfortunately, the unlicensed agent used his information for another client as a relative. When IRCC found similarity, his visa was revoked and banned for 4 years for misrepresentation. Since then, he has gone back to university and is now a graduate of Aeronautical Engineering (B.Eng). He wants to further his master's in Canada. Does he need to apply for rehabilitation, or can he re-apply since the ban years have passed? Thanks in advance for any input.
@legalfalcon @canuck78 @scylla

If the ban is over, you can reapply, however, it will be very difficult to overcome and justify the previous misrepresentation and what was done before. You will have to disclose it as well as explain it.

Having an unscrupulous consultant is not a defence to misrepresentation. The federal court in Haque v Canada (Minister of Citizenship and Immigration) 2011 FC 315, held that the fact that an immigration consultant was to blame for the misrepresentation was no defence.

The applicants cannot avail themselves of the exception for an innocent mistake.

Given that the ban is now over, and you prepare a strong application with all explanations, you can give it a shot.

[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]

 

[babsizkil]

Yes, he can reapply as long as the ban is over. He needs to be 100% honest about this history in his application when he reapplies.

Alright, thanks a bunch!