Alicia Dueck-Read

The applicant sought judicial review of an Immigration Division decision finding her inadmissible for misrepresentation under s. 40(1)(a) of the IRPA.

The applicant's student visa application included a fraudulent college acceptance letter provided by an overseas consultant.

The applicant argued the application was invalid because she did not sign it, and that she fell within the innocent misrepresentation exception.

The Federal Court held that the misrepresentation provisions apply even to unsigned or incomplete applications if relied upon, and found the ID reasonably concluded the applicant's belief in the letter's genuineness was not objectively reasonable because she failed to verify her enrollment.

The application for judicial review was dismissed and no question was certified.

The applicants, citizens of Nigeria, sought judicial review of a PRRA officer's decision refusing their application.

The officer found that the applicants had not provided sufficient evidence to show a change in country conditions or personalized risk since their refugee claim was rejected on the basis of an internal flight alternative in Lagos.

The Federal Court held that the officer's reliance on the US DOS Report and finding that there had not been a significant change in country conditions was reasonable.

The Court dismissed the application.