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SEE THE DETAILS BELOW:
KEYWORDS - APPEAL DIVISION - EXCLUSION - INADMISSIBLE CLASSES - MISREPRESENTATION - HUMANITARIAN AND COMPASSIONATE CONSIDERATIONS - DISMISSED - CHINA
Exclusion orders were issued against the appellants on the basis that they were inadmissible for misrepresentation. They were landed under the entrepreneur category. The male appellant was the principle applicant and the female appellant was his dependent spouse. The male applicant was still married at the time to another woman, whom he divorced two years later. He had a son from that marriage, whose existence he did not disclose. He and the female appellant subsequently married. While the female appellant claimed that she was unaware of the existence of the male appellant's first wife and his child, she was inadmissible on the basis of indirect misrepresentations. She indirectly misrepresented that she was the spouse of the male appellant, a material fact that did induce or could have induced an error in the administration of the Immigration and Refugee Protection Act. The orders were valid in law. The misrepresentations were very serious as they would have had a direct bearing on the acceptance of the applications for landing. The male appellant was not genuinely remorseful. The appellants would not suffer undue hardship if removed from Canada. Best interest of their Canadian-born daughter was considered. There were insufficient humanitarian and compassionate considerations to warrant granting special relief. Huang, Ying Jun et al. v. M.C.I. (IAD VA3-01037/38), Mattu, June 1, 2004.
FULL TEXT
http://www.irb-cisr.gc.ca/rtf/re ... iad/aVA301037_e.rtf |
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