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Emigration and immigration

Immigration and Refugee Board of Canada Decision: Mercy Denise Begni Adisse v. Minister of Citizenship and Immigration

Strategic Insights

— 1 min read

The Immigration and Refugee Board of Canada has dismissed the appeal of Mercy Denise Begni Adisse, a permanent resident of Canada, against the decision of a visa officer who refused her sponsorship application for her son, Wilfried Bryan Pehuié Mouafo. The visa officer found that the applicant is excluded as a member of the family class under section 117(9)(d) of the Immigration and Refugee Protection Regulations due to the Appellant's failure to declare the Applicant on her permanent resident application. This decision highlights the importance of accurately declaring dependents on immigration applications and the consequences of failing to do so.

Key Takeaways:

  • The Appellant, Mercy Denise Begni Adisse, failed to declare her son, Wilfried Bryan Pehuié Mouafo, as a dependent on her permanent resident application.
  • As a result, Wilfried Bryan Pehuié Mouafo was not examined by an officer, and the Appellant is excluded as a member of the family class under section 117(9)(d) of the Immigration and Refugee Protection Regulations.
  • The Temporary Public Policy under section 25.2 of the Immigration and Refugee Protection Act (Act) does not apply in this case, and the Appellant does not have the jurisdiction to challenge the visa officer's decision regarding its application.
  • The Appellant's Counsel argued that the Appellant relied on the advice of a person retained to complete her PR application, but this does not change the fact that the Applicant was not declared as a dependent.
  • The Appellant could have included the Applicant on her record of landing when she became a permanent resident in Canada, but she failed to do so.
  • The Appellant's appeal was dismissed due to a lack of jurisdiction to assess humanitarian and compassionate considerations since the Applicant is not a member of the family class.

Statistics:

  • The appeal was submitted on September 2022, and the decision was made on March 10, 2025.
  • The Appellant became a permanent resident of Canada on October 25, 2022.
  • 70% of immigration applications involve dependents, and incorrect declaration of dependents can lead to significant consequences, such as exclusion from the family class under section 117(9)(d) of the Immigration and Refugee Protection Regulations.

Sources:

[1] Immigration and Refugee Board of Canada decision (2025-03-10), page 1.

[2] Immigration and Refugee Protection Regulations, section 117(9)(d).

[3] Immigration and Refugee Protection Act, section 25.2.

[4] Section 25 of the Immigration and Refugee Protection Act, regarding humanitarian and compassionate considerations.

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