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Emigration and immigration

Misrepresentation in Immigration Applications: A Critical Analysis of the Recent Decision

Strategic Insights

— 2 min read

The Immigration and Refugee Board of Canada has ruled in favor of the Minister of Public Safety and Emergency Preparedness in the case of Abdelhak Saighi, a foreign national who applied for a student visa. The ruling determined that Saighi had misrepresented himself by submitting fraudulent bank statements to support his application. This decision highlights the importance of truthful and accurate information in immigration applications and the consequences of misrepresentation.

Key Takeaways:

  • The respondent, Abdelhak Saighi, submitted fraudulent bank statements to support his student visa application, which was deemed a misrepresentation under paragraph 40(1)(a) of the Immigration and Refugee Protection Act.
  • The bank statements contained irregularities, including misspelling, missing operations, different amounts for the same operations, unbalanced totals, and different amounts for the same transaction numbers.
  • The respondent claimed that the irregularities were mistakes made by the bank, but the Minister provided evidence to support the conclusion that the bank statements were fraudulent.
  • The respondent did not qualify for the innocent mistake exception, as his belief that the bank statements were not fraudulent was not objectively reasonable.
  • The court found that the misrepresentation was material, as it could have induced an error in the administration of the Act, and that the respondent had the responsibility to review his supporting documents before submitting them.
  • The respondent is a person described in paragraph 40(1)(a) of the Act, and a five-year exclusion order is issued against him, pursuant to paragraph 229(1)(h) of the Immigration and Refugee and Protection Regulations.

Statistics:

  • The respondent submitted three applications for a student visa, with the most recent one being accepted by Immigration, Refugee and Citizenship Canada (IRCC) on May 13, 2024.
  • The irregularities in the bank statements were evident in the following amounts:

+ Misspelling: RELVE instead of RELEVE on the bank statement issued on May 25, 2024.

+ Missing operations: Two transactions appeared on the January 21, 2024 bank statement, but not on the May 25, 2024 statement.

+ Different amounts for the same operations: Seven operations appeared with the same dates on the January 21, 2024 statement and the April 18, 2024 statement, but with different amounts.

+ Unbalanced total: The balance was incorrect in the April 18 and May 25 statements, indicating a difference of 18,540 euros.

+ Different amount for the same transaction number: A withdrawal of 1,400 euros appeared on the January 21 statement for transaction number 37164324, but 1,200 euros on the April 18 statement.

  • The respondent had the responsibility to review his supporting documents before submitting them, and his failure to do so led to the misrepresentation.

Sources:

  • Immigration and Refugee Board of Canada, Reasons for Decision, Abdelhak Saighi, dated March 14, 2025.
  • Immigration and Refugee Protection Act, paragraph 40(1)(a).
  • Immigration and Refugee and Protection Regulations, paragraph 229(1)(h).

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