The applicant applied for judicial review of a decision by the Immigration Division issuing an exclusion order against him for misrepresentation under paragraph 40(1)(a) of the Immigration and Refugee Protection Act.
The applicant, who was in Canada on a visitor visa, applied to extend his stay to visit family but failed to disclose that he had accepted a conditional job offer and that his prospective employer had submitted an LMIA application.
The ID Member found that this omission breached the duty of candour as it could have induced an error in the administration of the Act.
The Federal Court found the decision reasonable, noting that the duty of candour requires full disclosure of material facts and that the applicant's reliance on a consultant or poor English did not excuse the omission.
The application for judicial review was dismissed.
