A 29-year-old man from South Sudan, Jonathan Elia Nicola, has been detained by Canadian authorities after it was found that he had included false information about his age on his application for a Canadian study permit.

Nicola, a 6-foot-9 Grade 11 student at Catholic Central High School in Windsor, Ontario had been posing as a 17-year-old at the school since he arrived in Canada from South Sudan last fall, according to officials.

His passport, as well as his application for a student visa, indicated  that he was born on November 25, 1998. However, his true date of birth is now believed to be November 1, 1986. This information was determined following a subsequent application for a United States visitor visa after his arrival in Canada. According to the Canada Border Services Agency (CBSA), an alert was raised when a fingerprint match determined he was the same person who had previously applied to visit the U.S. with a different birthday.

Nicola landed in Toronto in November, 2015 on a two-year study permit and was living at his coach's home while attending Grade 11 classes. He was arrested in school earlier this month and remains in detention.

Misrepresentation

"It is believed that he has misrepresented his age by 12 years," a government lawyer told a recent Immigration and Refugee Board hearing.

But even if the Immigration and Refugee Board finds there is reason to deport him, he cannot be sent back to South Sudan at the present time due to unrest in the country. A decision on his admissibility to Canada is expected within a month.

It is a serious crime to lie, or to send false information or documents, when dealing with the department of Immigration, Refugees and Citizenship (IRCC, formerly CIC). This type of fraud is called “misrepresentation.”

Document fraud can involve either false or altered documents, such as:

• passports and travel documents;
• visas;
• diplomas, degrees, and apprenticeship or trade papers;
• birth, marriage, final divorce, annulment, separation or death certificates; and
• police certificates.

If an individual lies on an application or in an interview with an IRCC officer, this is also fraud and a crime.

If an individual sends false documents or information, IRCC will refuse the application. The individual could also:

• be forbidden to enter Canada for at least five years;
• have a permanent record of fraud with IRCC;
• have his or her status as a permanent resident or Canadian citizen taken away (if applicable);
• be charged with a crime; or
• be removed from Canada.

To learn more about Canadian immigration legal services, click here.