The applicant, a citizen of Pakistan, sought judicial review of a Visa Officer's decision denying his application for a temporary resident visa and finding him inadmissible for misrepresentation under s. 40(1)(a) of the Immigration and Refugee Protection Act.
The applicant failed to disclose a previous USA visa refusal on his application form.
The applicant argued that the omission was an innocent mistake made by his immigration consultant.
The Federal Court applied the Vavilov framework for standard of review and concluded that the Officer's decision was reasonable.
The Court held that the applicant failed to discharge his onus of demonstrating that the omission fell within the innocent misrepresentation exception, as he provided insufficient evidence to explain why the information was withheld from his agent and the Officer until after a procedural fairness letter was issued.
