ENTRY DENIED

More Jamaicans were denied temporary resident visas for Canada than any other CARICOM country’s people, including Haiti, on the grounds of “misrepresentation”.

Between January 2024 and May 31, 2025, Immigration, Refugees and Citizenship Canada (IRCC) said 670 Jamaicans were refused the travel document under sections 40 (1) (a) and 40 (2) (a) of the Immigration Refugee Protection Act.

Under the legislation, a permanent resident or a foreign national is inadmissible “ for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the act”.

The refusal figure is 35 per cent higher than the 430 for Haitians who were also refused the visa.

Applications from 75 Guyanese, 70 Trinidadians, 15 St Lucians, 15 Grenadians, and 15 Vincentians were also refused during the period to round out the top five countries.

The IRCC data did not, however, indicate how many applications were received overall from each of the countries.

“Immigration, Refugees and Citizenship Canada is committed to upholding the integrity of all our immigration programmes and protecting our systems against fraud and misrepresentation,” IRCC told The Gleaner via an emailed response.

It followed a public announcement that in 2024, the IRCC initiated an average of more than 9,000 investigations per month into cases of suspected fraud in temporary visa applications.

Canada-based immigration attorney and mediator Deidre S. Powell told The Gleaner that her practice has seen a significant trend of applications facing refusals for misrepresentation.

However, she said while some cases involve deliberate falsification, many are the result of unintentional errors, omissions, or misunderstandings about what must be disclosed.

“Misrepresentation is treated extremely serious under Canadian immigration law,” she said, adding that the consequences can be “severe”.

These include a five-year ban, Powell indicated, in cases where applicants are found to have misrepresented themselves and deemed inadmissible to Canada for the period.

She said that during this period, applicants who are refused cannot apply for any type of visa, permit, or permanent residence. Even visitor visas will typically be refused, she said.

Powell said misrepresentations will also result in the findings remaining on an applicant’s immigration file permanently, triggering higher scrutiny for all future applications, even after the five-year ban has expired.

It may also result in a loss of status and removal proceedings for individuals who may already be in Canada.

She said a finding of misrepresentation can also jeopardise family sponsorship and affect other relatives’ immigration plans.

“There is often no straightforward appeal process. Judicial review at the Federal Court may be possible, but success rates are low unless there was a clear legal error.

“Many people do not realise that even minor inconsistencies – such as failing to declare a prior visa refusal, omitting information about a dependent, or providing incorrect employment dates – can be classified as misrepresentation. The consequences are the same whether the error was intentional or not,” she said.

The IRCC said misrepresentation may include providing false declarations and/or documentation directly related to decisions made under the Immigration and Refugee Protection Act (IRPA).

“When an officer determines that an applicant has misrepresented a material fact relating to a relevant matter, they will generally refuse the application. It is important to note that each application is assessed on its own merits. Applications are assessed against the criteria set out in the IRPA and its regulations,” the Canadian department said.

At the same time, it said officers are required to follow the rules of procedural fairness throughout the decision-making process.

Procedural fairness requires that applicants be provided with a fair and unbiased assessment of their application; be informed of the decision-maker’s concerns; and have a meaningful opportunity to provide a response to concerns about their application.

The IRCC said the requirement for procedural fairness applies to all types of immigration and citizenship applications, and all aspects of decision-making.

“I strongly encourage applicants to be completely transparent and thorough when completing their forms, and to seek guidance from a licensed immigration lawyer or regulated consultant to avoid irreversible harm to their immigration prospects,” said Powell.

kimone.francis@gleanerjm.com