Misinterpretation is one of the greatest mistakes an applicant makes. Here’s how you can avoid misinterpretation in your immigration application. Well, the term misinterpretation refers to when an application sends false information/ documents to IRCC as part of their immigration application.

Among other considerations, two of the most significant things to remember about misinterpretation are that: 

  • It can occur even if candidates make an innocent mistake on their application details or in sending relevant documents to IRCC.
  • It is considered a form of fraud & therefore, a serious crime that can be persecuted as such.

How Can Misinterpretation Occur On My Application? 

Commonly, misinterpretation arises when people make mistakes on their application forms or send documents with incorrect, unauthorized, or forged details in support of their application. Withholding relevant information from IRCC in an immigration application can also be determined as a misinterpretation. 

Therefore, any mistakes, missing information, or inaccuracies on any of the following documents could constitute a misinterpretation of IRCC: 

  • Your application document 
  • Your passport & other identification documents 
  • Your visas or eTA
  • Your diplomas, degrees, ECA, & proof of acceptance or graduation document, or other paper used for the same purpose 
  • Your proof of employment documents, like employment offer letter, apprenticeship/ trade papers, or other documents used for the same purpose
  • Any relevant certificates of birth, marriage, annulment, separation, or death
  • Police certificate & clearances 
  • Any other documents used in support of your permanent/ temporary residence applications 

Moreover, any misinterpretation that took place in obtaining supporting documents might also be considered a misinterpretation. 

How To Avoid Misinterpretation In Your Immigration Application? 

Well, the simplest way to avoid misinterpretation in your immigration application is to check all details & documents that you are using to support your application. Anything that is submitted to IRCC as part of your application can leave you potentially liable. Thus, double or even triple-checking all information is advisable. 

Due to the relative intricacy of immigration applications, & the often large number & diverse kinds of documents & information required, many applicants choose to hire an immigration lawyer – to protect themselves better & ensure their application has the best chance of being approved. 

What Are Possible Consequences Of Being Found Guilty Of Misinterpretation? 

As mentioned, misinterpretation is considered a type of fraud. As such, in case you are found guilty of misinterpretation, your immigration application will be refused. 

Moreover, depending upon the severity of misinterpretation & the specifics of each case, possible consequences can include: 

  • Being forbidden from entering Canada for a minimum of five years
  • Obtaining a permanent record of fraud with IRCC
  • Removal of your status as a permanent resident/ Canadian citizen
  • Being charged with a crime by IRCC
  • Removal from Canada
  • Any sponsors on your immigration application also being found guilty of misinterpretation 

What Can I Do If I Am At Risk/ Found Guilty Of Committing Misinterpretation? 

While misinterpretation can have serious consequences for applicants, there are potential preventions as well as remedies that candidates can explore. 

  • Procedural Fairness Letter 

Occasionally, before an officer decides whether a candidate is guilty of misinterpretation, they will send that candidate a PFL. PFLs are emails or electronically sent letters that immigration officers send to enable applicants to explain concerns that officers have about documents or details of immigration applications. 

While this can be frustrating, it is an opportunity to clear up any mistake or miscommunications on the applicant’s part. Immigration candidates must write a clear & comprehensive letter in response, doing their best to clarify any inaccuracies, omissions, or mistakes in the application. Many applicants choose to recruit an immigration lawyer at this stage, as they can help in drafting the best possible letter to avoid accusations of misinterpretation. 

  • Judicial Review 

Suppose you have already been found guilty of misinterpretation & believe the claim is unreasonable. In that case, you can appeal this decision at the Federal Court, through a process called Judicial Review. While applicants can represent themselves here, most opt to hire an immigration lawyer at this stage of the journey as well. Note that the Federal Court cannot replace an immigration decision with its own, nor can it reconsider the facts of the case. The court can only determine if the accusation of misinterpretation was reasonably warranted or not. If the claim was found to be unreasonable, the Federal Court can overturn it & thereby make you eligible once more for Canadian immigration. 

While consequences for misinterpretation can be severe, IRCC’s own policies, specifically section ENF02 s. 9.3 of IRCC’s Enforcement Manual acknowledges that errors & misunderstandings sometimes occur in completing application forms & responding to questions. Thus, the’ innocent mistake’ defense is one popular defense for applicants in the Judicial Review process. This is when an applicant accused of misinterpretation attempts to explain inaccuracies in their application as an innocent mistake. While this can sometimes be a successful appeal, it is not always successful. The ‘innocent mistake’ defense puts the responsibility of reasonably proving any misinterpretation in your application was the product of an innocent mistake on your part; applicants must satisfactorily explain why this is the case to the Federal Court