Success: Study Permit

As the saying goes, third time is the charm. An international student at Brandon University entered our office, almost in tears. She had hired an immigration consultation (bad choice, of course) who submitted a Study Permit on her behalf. It had been refused and she was told to leave Canada. The situation in her home country has deteriorated and her family’s business was greatly affected. As we are dealing with the effects of COVID-19, these situations are not uncommon. We were able to help her get back on track and she was able to resume her studies. Another successful application. I wish her all the best.

Study Permit

The description above is a brief summary of the case. Once we were retained as her representatives, we submitted an ATIP to review her GCMS Notes. We discovered her previous immigration consultant submitted two Study Permits on her behalf. This incompetent representative only told her about the first application. She submitted the same documents to IRCC and, unsurprisingly, the applicant received a second refusal.

Our Study Permit application was this applicant’s 3rd attempt. We were able to show sufficient documentation related to her family’s dire situation and evidence that she is a genuine student, despite her hardship. The IRCC Officer accepted our submissions and she was able to go back to Brandon University.

I remember meeting former Minister of IRCC John McCallum when he came to Winnipeg. He is, in fact, a former professor at the University of Manitoba. He has asserted many times that international students are strong applicants and IRCC should support their dreams of Permanent Resident status. In my view, many IRCC Officers want to support students; however, if they hire incompetent immigration consultants, it is very difficult for IRCC to help.

Success: Request for Reconsideration

We specialize in fixing messes. A businessman came to us with 2 previous TRV refusals. He hired an immigration consultant to help him and, as you can imagine, it was a poor decision. It should have been an easy TRV application. His son is an international student at the University of Manitoba. His wife has a valid TRV and she is able to come and go from Canada as much as she likes. The consultant, however, messed up his application and he was denied. Then the consultant offered to “fix” the application at no additional fees and, I suppose, the businessman thought this would be a good option as it did not cost him any more money. The second TRV was also refused. The Applicant’s decision did not cost money but it meant that he could not visit his son in Manitoba.

Request for Reconsideration

We took the case and we cleaned up the mess. We were able to put together a strong TRV application that addressed the issues for the previous refusals. The Visa Officer refused, as expected, due to the previous refusals. We then made a Request for Reconsideration and we were able to connect with a Manager who gave our application proper attention. Finally, after much work, the TRV was approved.

Fixing messes is not an easy task. In this case, we were able to build a good application and the immigration consultant was clearly incompetent. In fact, when Alastair was on vacation in Toronto, he stopped by the consultant’s address to check out the office. It was a fake address. This consultant specializes in signing clients from Dubai, UAE who cannot see that his office is fake. He is registered with ICCRC and we could not find any previous complaints. Our client opted not to file a complaint because he did not want to get further involved and he was worried that it may impact his family. Similar Toronto firms have been caught. My guess is the consultant continues to find wealthy clients in Dubai who pay $$$$ for poor services.

We cannot guarantee positive results. Our only guarantee is that we will work hard and do everything in our power for our clients. Submitting a Request for Reconsideration is not an easy process. The Applicant must first submit a strong application so that a Manager can clearly see the circumstances and potential that the Applicant is the victim. In this case, we were successful with our Request for Reconsideration and the businessman was able to come to Winnipeg to visit his son at the University of Manitoba. It is our pleasure to reunite families and see the smiles. This is why we love our work!

Click here for 12 tips for finding a good representative.

Success: TRP/WP for MPNP

After significant time and work, we successfully obtained a Temporary Resident Permit (TRP) and a Work Permit (WP) from Emerson POE for a client who has an MPNP Nomination Certificate and a PR application in process. This was a messy situation. Her previous representative mishandled her case. She came to us after IRCC refused her Work Permit application and she was outside the 90 day Restoration period. The TRP was issued after significant advocacy at the POE and it was evident that she was the victim. TRP

We are thrilled the Officer agreed with our assessment of this situation and he used his highly discretionary power to issue the TRP and the Work Permit so that our client could get back to work while she waits for her PR to be processed.

Here in Manitoba, we are very fortunate to work with the Officers at Emerson POE. Generally, they are professional, courteous and they are sympathetic to clients’ circumstances. That said, they also must follow Canadian immigration laws and regulations. As we have stated at numerous free presentations to the public, we do not encourage clients to put themselves in a position where they need a TRP to stay in Canada. This application is only for exceptional circumstances.

Please note that the successful TRP application above was obtained prior to the travel restrictions per COVID19. Currently, POEs are closed for such matters and the Officers are further restricted from handling these applications.

We wish our client all the best and we are pleased that we could fix the mess. She can now stay in Canada and continue to work while she waits for her Permanent Resident status with the support of the MPNP program. The TRP application was her best option based on the facts of this case and she was the victim of her previous representative. Alas, the immigration system is complex and many representatives give bad advice.

COVID19 – UPDATE 7/APR/2020

UPDATE: 7/APRIL/2020

Please note that we will not be providing additional updates to this page. There have been many changes to laws, regulations and policies due to COVID19. We have been in contact with lawyers from across Canada to stay up to date with changes and amendments.

If you have any specific questions on how the changes may impact your application or your situation, please book a consultation with a lawyer.

UPDATE: 24/MARCH/2020

OK – to mitigate the spread of COVID19, the Ontario government declared that all non-essential services must close starting tomorrow and we expect Manitoba will follow suit soon. The numbers of infected continue to rise and the governments are doing everything in their power.

LAWYERS ARE “ESSENTIAL” SERVICE

The list is out. Lawyers and law firms are considered an essential service. We will continue to monitor the situation. Again, most staff at Clarke Law are working remotely. We only have 2 staff in the office to keep things up and running; however, we are not holding in-person meetings in the office. Feel free to drop off documents and we have been getting daily packages.

NOTE: Immigration consultants are not on the list. As per usual, please contact an appropriate expert for assistance.

LEADING BY EXAMPLE

I have to commend our valiant leader PM Trudeau who is working from home in isolation. He is managing his busy household, with 3 young children, by himself while leading our country through very difficult times.

We watch his daily briefings and he remains poised. Lead by example. Well done Sir!

BORDERLINES PODCAST

My colleagues in Vancouver have published an episode on The Canadian Immigration Consequences of COVID19. This does not seem to appear on their website (yet) so I would encourage you to find it in your podcast app.

In particular, it is nice to hear some optimism from Deanna!

START IN-CANADA REFUGEE CLAIM BY EMAIL

As the IRCC Offices across Canada have closed due to COVID19, refugee claims in Canada are being submitted by email: IRCC.RefugeeClaim-Demandedasile.IRCC@cic.gc.ca

We have been in regular contact with the IRB-RPD (Western Region) and we have been advised that all hearings have been postponed until 1 MAY 2020.

UPDATE: 23/MARCH2020

We had a busy weekend. The land border with the USA closed at midnight on Friday due to COVID19, causing a lot of confusion. I am not sure how “Tutor” became part of the definition of “immediate family member”.

COVID19

COVID19

IN-PERSON MEETINGS CANCELLED

In our office, most of our staff are working from home. We will continue to work on files and submit applications to maintain high standards. At the same time, we must do our part to fight this COVID19 virus from spreading. We encourage all our clients to contact us by telephone – 2045996966 or by email info@apply2manitoba.ca

MANITOBA STATE OF EMERGENCY

The provincial government has declared a State of Emergency to manage the spread of COVID19. These are extreme measures for extreme times. We are all taking these measures very seriously and we fully support any and all measures to protect the health and safety of residents.

This means that groups over 50 people are banned. Gyms are closed. Most retail will close. See the government website for details. We are taking this day by day.

UPDATE: 20/MARCH/2020

ASYLUM SEEKERS FROM USA

The Canadian government has further restricted border entries. Asylum seekers (refugee claimants) who seek to enter Canada at Ports of Entry will be refused entry. Asylum seekers (refugee claimants) who attempt irregular crossings into Canada will be returned to the US as part of an “exceptional measure” to protect residents in Canada.

During a news briefing, Minister Blair has acknowledged exceptions, including unaccompanied minors, to filing a refugee claim at the border. Claims at the US-Canada border have decreased by half from ~40 daily to ~20 daily. They will be returned to the USA and the Minister has advised that they will not be detained.

QUARANTINE ACT LEGISLATION

Emergency legislation through the Quarantine Act limits entry to Canada, including “immediate family members” as defined by the new Order. This provides clarity on the previous announcements that will limit access to Canadian soil.

Individuals crossing from the US may be required to spend a period of 14 days in the US due to COVID19 before they will be allowed to enter Canada.

FASTER PROCESSING TIMES

Minister Freeland has indicated that IRCC may be processing applications faster than usual. She has indicated that we need to recognize the need for “speed over attention”. She has emphasized the importance of processing files quickly. We are waiting for confirmation and details from Minister Mendicino’s office.

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UPDATE 19/MARCH/2020

US VISA OFFICES – CUTTING SERVICES

The US Government has announced that Visa Offices around the world will be cutting services and canceling appointments. This is an unprecedented decision that will impact thousands of applications.

We believe the Canadian government may issue a similar order to Canadian Visa Offices. If you are in process of submitting an application, we encourage you to submit ASAP while the Visa Offices are still open.

CANADA/USA BORDER RESTRICTIONS

Through a mutual agreement, the Canadian and US government have agreed to limit travel across the land border to essential travel only. This is an attempt to limit tourism and cross-border shopping. There are exemptions for trade and/or trucking. Governments are working hard due to the numbers of COVID19 infections.

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UPDATE 18/MARCH/2020

Please note that we have been dealing with the pandemic and monitoring the developments closely. We are trying to reply to all concerns in a systemic and orderly manner.

IRB – HEARINGS POSTPONED

Please note that most hearings at the tribunal have been postponed. This included refugee claims, admissibility hearings, and appeals. If you have a hearing that has been scheduled, we will provide updates from the IRB. Currently, the IRB front offce is closed to the public and they have released this message, published in 16/MARCH/2020. IRB Members are working on current cases and we received a positive decision today.

ENTERING CANADA

Please note that the Government of Canada has temporarily restricted entry to Canada. Previously, only Canadian citizens, PRs and a few exemptions have been permitted entry. Today, there may be additional restrictions. The situation has been changing daily, based on the risk assessment. If you or your loved ones are seeking entry to Canada, please review the changes that are published on news outlets, including CBC News.

REMOVALS AND DEPORTATIONS

CBSA has currently suspended all removals from Canada, including Departure Orders, Exclusion Orders and Deportation Orders; however, there are exceptions.

APPOINTMENTS WITH IRCC

IRCC has suspended in person meetings with Officers. Currently, they have announced that meetings may resume on 13/APRIL/2020; however, that may change depending on the pandemic.

Successful applications who are scheduled to land and become Permanent Residents, need to contact IRCC if they are unable to travel. This includes COPR and PRV cases.

BIOMETRICS

All biometrics appointments inside Canada have been cancelled until further notice. IRCC has granted an automatic extension of 90 days.

For biometrics appointments outside Canada, please contact the appropriate VAC or ASC.

CITIZENSHIP APPLICATIONS

Please note that CPC Sydney has temporarily closed and the office is not accepting packages. We will be submitting documentation as soon as they resume operations.

CROSSING THE BORDER & POEs

Please keep in mind that CBSA Officers at the border are on the front line. They have put in place measures to keep the Officers safe and, at the same time, follow instructions from Ottawa. We have been advised by other law firms in Canada that POEs may refuse to process applications that are not urgent.

PR APPLICATIONS

Applications for Permanent Residence and many other applications are being accepted. IRCC is encouraging all applicants to submit online, if possible.

FEDERAL COURT – APPLICATIONS FOR JUDICIAL REVIEW

The Court has issued a Notice regarding deadlines and ALJR. This information is effective 17/MARCH/2020

MIGRANT WORKERS & FARMING

We have been monitoring the situation. IRCC is acutely aware of the needs of the farming and agricultural sector. Current border restrictions may impact many workers who have travel plans. At this point, we encourage all temporary workers to monitor the situation closely.

LEGAL AID MANITOBA

LAM has announced that it will accept application online and their office is currently closed.

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13/MARCH/2020

We want to thank all our clients and partners for continued patience, cooperation and understanding during this COVID29 pandemic. We have taken unprecedented actions to keep our staff safe and healthy. These precautions have been put in place to ensure that we can continue to work and serve our clients. We will continue to do the work that we love; however, we also need to stay safe & healthy.

If you have come to the office recently, you have noticed the new signage. We announced the ban on shaking hands at the beginning of 2020 and we have put in place additional measures to limit personal contact and adhere to social distancing. In addition, starting on March 11th, we have put in place additional cleaning and other procedures to protect the office from viruses. We have added purification systems and many other measures for protection.

We have also put in place additional procedures so that staff can work remotely from home, if necessary. We are monitoring ourselves regularly to make sure we are safe and healthy. We are taking the COVID19 pandemic seriously and we want to make sure that we follow all precautions so that we are not infected and that we do not infect anyone who comes to our office.

Please take all measures to stay healthy.

Success: Regaining Status

As part of our series to share success stories, we are starting with a case where we were able to help an international student who has suffered unfortunately circumstances and she found herself without status in Canada in a desperate situation.

international student

international student

Thankfully, we were able to get her regain status. Life can be messy and there are situations that are beyond our control. Sometimes, the government needs to take into consideration that applicants have fallen under hard times for reasons outside of their control. It is also important to be reminded that IRCC Officers are people too and they want to help. Our job is to show the Officer all the reasons why our clients warrant special attention.

Success Story: Internation Student Regains Status

A Filipino student came to us for help after she had been living in Canada without status after her Study Permit expired. She was an international student who had been living in fear on a daily basis that CBSA would knock on her door and she could be deported. She has suffered from stress and anxiety. She came to us for help, desperate to regularize her status and she had almost no money left. We started by preparing and submitting a Temporary Resident Permit (TRP) application based on her unique circumstances and strong ties to Canada. Our TRP application was approved in seven (7) months and now this international student has regained temporary status in Canada.

Now with status, the next step was to help this international student get to work. Our office worked hard to prepare and submit a Work Permit application. The Work Permit was approved in under two (2) months and our client was relieved and overjoyed she could finally continue to build her life in Canada without the threat of removal looming over her head. She is now working in Canada with status and looking forward to becoming a Permanent Resident in the near future.

Lessons From 2019

We find ourselves at the end of another year. Indeed, the end of 2019 also marks the end of a decade. This is a time for contemplation and an opportunity to ponder lessons to learn for the future. I want to start but expressing my thanks and gratitude for my team. I am thankful every single day to work with an amazing group of professionals who put their hearts into their work. My main job is to provide guidance and support to ensure that we remain focused on providing the absolute best service for our clients.

I want to take time at the end of 2019 to think about lessons learned; hopefully, 2020 will bring positive change.

  1. Applicants Remain Vulnerable

Over and over and over and over, we have seen how applicants have paid thousands upon thousands of CAD dollars to shady representatives for poor service. I find it deeply frustrating and infuriating to see clients punished as a result of negligence. These applicants are the victims and they remain vulnerable. I recently attended an interview with a CBSA Officer and an Egyptian client shared her story. She paid an immigration consultant $15,000.00 for an application and she was not even eligible to apply. In my view, that is pure theft.

We are working with a Vietnamese family who paid a Chinese representative for a Study Permit. Completely wrong. Thankfully, CBSA started a criminal investigation against him and I hope his former clients are not punished.

In 2019, the Government of Canada took action “to help protect vulnerable people” against “fraudulent immigration consultants”. We will have to see if things get better in 2020 and the next decade.

  1. Canada is the New Hope2019

Clarke Immigration Law is based on Canada’s status around the world and I am constantly reminded how fortunate we are to live in one of the best (if not the best) countries. From our office, this past decade marks a strong collaboration with the news. We were called upon by CBC News, CTV News, Global News, Winnipeg Free Press and many other news sources to comment on different stories. Primarily, these stories stemmed from Canada as the New Hope in the world, replacing the United States as the “best” country for applicants from around the globe.

It was my pleasure as the only Canadian lawyer at the international EB-5 Conference in Las Vegas, USA. I was asked to present as a result of the interest by investors around the world in Canadian business opportunities, including the Manitoba Provincial Nominee Program – Business Investor Stream. And, of course, I must mention the amazing people at TEDx Winnipeg who gave me the stage to talk about open borders and refugees which has been published on YouTube.

It is clear that 2020 will be a decade of growth for Canada and we will continue to work to build this country.

  1. Hope for the Best, Plan for the Worst

Generally speaking, I stay out of politics. I have worked with Members of Parliament from all political parties and we will continue to advocate on behalf of our client regardless of the party in power. That said, I firmly support the current Liberal government and I am hopeful for this coming decade.

My hope for positive political change in 2020 is also balanced with a plan to consider the worst. Minister McCallum made significant changes to IRPA that rolled back many of the inhumane changes by the former Conservative government; however, this government needs to do more. I feel privileged that we were able to work with the Liberal government to make changes to section 38 of IRPA (Medical Inadmissibility) on behalf of the Warkentin family.

  1. Uncertainty on the Horizon

As my mum often says, the only constant is change. There is no doubt that 2020 and the new decade will bring change. Here are a few predictions for this coming decade:

  • The Government of Canada and the Government of Manitoba will continue to buttress immigration laws to attract STEM graduates and professionals;
  • The current Liberal government will focus on quicker processing times, including Family Class applications;
  • Regional migration and new programs that focus on smaller communities will thrive;
  • International students are the strongest stream for Permanent Resident status;
  • Refugees will be recognized for their economic contributions;
  • The changes to regulation of Immigration Consultants will fail and the government will be forced to revisit this issue.

We wish you all the best for 2020 and the coming decade. We have many reasons to celebrate 2019 and, at the same time, learn from past lessons.

Lawyer Fees Online

Clarke Immigration Law is founded on principles of being open and honest with our clients. Our reviews on Google, by verified clients, and our testimonials from our past clients reflect the quality of work that we do. When we first founded this firm, we wanted to create a relationship based on trust with our clients and part of that relationship means that we charge “fair” lawyer fees for our service.

From the beginning, we have published our pricing & fees on our website. I can see from the online traffic that our pricing page is very popular. Feel free to use our page to negotiate with other lawyers. Feel free to use this page to compare our services and lawyer fees for family and friends. We understand that lawyer’s fees are expensive; however, the work that we do is so important that it takes long hours and great care to ensure each and every application is handled properly and professionally.

Photo by Omar Lopez on Unsplash - Lawyer fees

When we first published our fees, there was only one other law firm in Canada who are publishing their fees online: North Star Immigration based out of Halifax, NS. Since then, many more firms have, perhaps, followed our lead and I want to encourage my colleagues to do the same. I want to give strong support to these firms:

The purpose of this page is to help you have a page with quick access to the fees published above so you can make an informed decision for yourself and your family. We recognize that you work hard and that every $dollar (or yen or dinar or euro, etc) matters. We fully understand you need to find the best representative and you need to consider many factors. Legal fees is only one of those factors.

For quick access, I will note that two of the most common applications done by immigration lawyers is a Spousal Sponsorship and a TRV. For comparison, here are the fees, respectively (all funds in Canadian dollars) and these are the fees that are published today:

  • Clarke Immigration Law:
    • SCLPC Class: $5,500
    • TRV: $1,800
  • North Star:
    • SCLPC Class: $6,000,
    • TRV: $2,500
  • Matkowsky:
    • SCLPC Class: $5,500
    • TRV: $3,000
  • Kahane:
    • SCLPC Class: $4,500
    • TRV: $2,000
  • ACM:
    • SCLPC Class: $6,000
    • TRV: $2,500
  • Kazembe:
    • SCLPC Class: $5,500
    • TRV: $2,000

I have published other posts on excessive fees charged by immigration lawyers including a Toronto law firm that charged $170,000.00 in lawyer fees. I have also published warnings by the Government of Canada on agents in India. I support the work done by Noel Semple, a faculty member at the University of Windsor, Faculty of Law on the ethics of lawyer’s fees. This is important work. In 2019, we considered increasing our fees as we have not raised our prices since 2015; however, based on a review done in April 2019, we opted to keep our pricing & fees at the same rate.

 

 

Enhanced Travel Document

The Manitoba government continues to provide “enhanced” documents that serve as alternatives to a Canadian Passport for crossing the border into the United States by land and/or water. In certain circumstances, this enhanced travel document makes it easy to travel between Canada and the USA. The enhanced features allow the individual to cross the border easily and efficiently.

Currently, the only Canadian provinces to offer the enhanced documents are Manitoba, Ontario and BC. As noted below, Ontario may be canceling their program in 2019. In my view, this document is a poorly understood and little-known document that is cheap and easy to get.

Features:

  • Alternative to a Passport;
  • Helps people cross easily over the border;
  • Less stuff in your wallet/ purse.

The Manitoba enhanced Driver’s Licence allows individuals to simply use their Licence to cross the border. We used to be able to do this when crossing into the USA; however, the laws changed so that regular (non-enhanced) Driver’s Licences are no longer sufficient to enter the United States:

By Land and Sea (including ferries) – Canadian citizens traveling to the U.S. by land or sea are required to present one of the travel documents listed below, and may generally visit the U.S. for up to six months. CBP will accept: Canadian passport, Enhanced Driver’s License/Enhanced Identification Card, NEXUS, FAST/EXPRES and SENTRI enrollment cards.

Ontario recently proposed to discontinue this service and they have eliminated this option:

Ontario is proposing to eliminate an enhanced driver’s licence that allows people to enter the United States at land and water border crossings without a passport.

The driver’s licence option was introduced in 2009, when the U.S. required passports or other secure identification for anyone crossing into the country by land or sea, but it hasn’t had the anticipated uptake.

British Columbia and Manitoba have enhanced driver’s licences, and Quebec used to, but phased out the program — other provinces rejected the idea because it was too costly or there wasn’t enough public interest.

If you or your contacts are interested in the enhanced travel document, please contact our office and we can help with the application.

Apologies and Action

Today the Prime Minister of Canada is scheduled to apologize on behalf of Canada for turning away the MS St. Louis and its 907 Jewish passengers in 1939. At the time, these Jews were fleeing persecution and the imminent threat of the Nazis and the anti-Semitic violence. At the time, our then Prime Minister MacKenzie King did not allow the 907 Jews to dock in Halifax and they were turned away.

As reported by Global News:

In the years leading up to and including the Second World War, the Canadian government heeded anti-Semitic sentiment by severely restricting Jewish immigration. From 1933 to 1945, only about 5,000 Jewish refugees were accepted due to what Trudeau called “our discriminatory ‘none is too many’ immigration policy” in place at the time.

The Jewish refugees on the ship were forced to return to Europe, where 254 of those aboard eventually died in the slaughter that became the Holocaust.

Now, about 79 years later, Trudeau will stand in the House of Commons and apologize to those refugees.

On behalf of all Canadians, PM Trudeau is apologizing to try to make things right. In an analysis by Prof Howard-Hassmann, she acknowledged that some apologies include compensation while others may be done for political reasons. For this apology, it does not appear that the Government of Canada will be offering any compensation.

Timing is Everything

On its face, Trudeau’s apology and acknowledging that what happened was wrong and it should never have happened is a step in the right direction. On the other hand, Trudeau is not making any policy changes, legal changes or any other concrete action.

In this case, however, timing is key. This apology is in the context of the shooting at the synagogue in Pittsburgh. It seems that Trudeau’s apology was scheduled before the attack but the recent circumstances highlight the importance of recognizing current anti-Semitic sentiment.

As noted by Global:

The latest figures on hate crimes from Statistics Canada show the Jewish population was the most frequent target of religiously motivated hate crimes in 2016.

Anti-Semitic incidents increased 24 per cent that year. B’nai Brith Canada said 2017 saw another increase.

The timing of this apology confirms that hate crimes against Jews was an issue in 1939 and it remains an issue in 2018.

 

Federal Court Success re MPNP and Misrepresentation

Congratulations to our client Ievgen Agapi, a truck driver from Ukraine, and all the supporting people who assisted with this case. Justice Ahmed of the Federal Court of Canada agreed with our arguments that the Visa Officer in Kiev failed to consider whether the alleged misrepresentation was honestly and reasonably made. Click here to read the full decision.

This is a significant decision in the jurisprudence of misrepresentation, as well as the processing of MPNP applications.

In the words of Justice Ahmed:

14]  The Applicant points out that section 40 of the IRPA does not apply to misrepresentations made honestly by an applicant who reasonably believes they did not withhold material information (Medel v Canada (Minister of Employment and Immigration)[1990] 2 FC 345Baro v Canada (Citizenship and Immigration)2007 FC 1299 (CanLII) at para 15, and Goudarzi v Canada (Citizenship and Immigration)2012 FC 425 (CanLII) at para 33). The Applicant submits that his response to the procedural fairness letter provided evidence that this exception applies to his alleged misrepresentation; he explained that the knowledge of the potential fraud was beyond his control and in his view he reasonably and honestly believed that he was not misrepresenting any material facts. Despite his response to the procedural fairness letter, the Applicant submits the Manager failed to consider whether any alleged misrepresentation was honestly and reasonably made.

[15]  The Respondent submits that the Applicant is merely “blaming” a third party for his misrepresentation and argues that efforts to get the original results were not before the decision-maker. The Respondent acknowledges that there is a “narrow exception” for innocent misrepresentation, but reiterates that it only applies in exceptional and narrow circumstance. The Respondent cites a line of jurisprudence for the proposition that misrepresentation made by a non-party to an application, without the applicant’s knowledge, does not save an application from an inadmissibility finding under section 40 of the IRPA. The Respondent also takes the position that the Applicant’s response to the procedural fairness letter did not meet the high standard to warrant such an exception.

[16]  I agree with the Applicant that the Manager failed to consider whether the Applicant honestly and reasonably believed he was not withholding material information.

CONGRATULATIONS TO EVERYONE WHO CONTRIBUTED TO THIS POSITIVE DECISION!