Canada Immigration Case-law Canada, Aoun, IMMIGRATION — Selection and admission — Permanent residence applications by Joy Stephen, Polinsys

Editorial Caselaws 798 Comments

Judgement for this Case: Click here!

IMMIGRATION — Selection and admission — Permanent residence applications — Applicant applied for permanent residency visa under skilled-worker class — Applicant failed to disclose all of her previous employment — Application was denied based on finding that applicant withheld information about her work experience that could have induced error in administration of law — Applicant sought judicial review asserting information was immaterial in that omitted employment was only part-time and was not needed to establish threshold of teaching experience required — Applicant asserted she did not intend to deceive — Application dismissed — Officer’s finding applicant breached statutory obligation of full disclosure by withholding material information from her visa application was reasonable — Application of s. 40 of Immigration and Refugee Protection Act (Can.), did not depend on applicant’s intentions or motives for failing to disclose information — Test was whether failure to disclose foreclosed avenues of enquiry into matters that were potentially relevant to pending decision — Applicant was author of her own misfortune — Applicant knowingly omitted some of her employment because she did not think it to be important — Department was initially deprived of opportunity to make relevant enquiries and that was sufficient to apply s. 40 to applicant’s application — It was not open to visa applicant to selectively disclose relevant and required personal information on basis she did not think it would make any difference

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