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Citizenship and Immigration

Permanent Residents

Judicial review of decision by visa officer refusing applicant’s application for permanent resident visa as skilled worker, finding applicant inadmissible on basis of misrepresentation pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 40 - S. 40(1)(a) written very broadly — Applying to any misrepresentation, whether direct or indirect, relating to relevant matter that induces, could induce error in administration of Act — Nothing in wording of provision indicating it should not apply to present situation i.e.where misrepresentation adopted, but clarified prior to decision being rendered — Visa officer correctly interpreting Act, s. 40 — Application dismissed.

Khan v. Canada (Minister of Citizenship and Immigration) (IMM-5195-06, 2008 FC 512, O’Keefe J., judgment dated 18/4/08, 16 pp.)

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