Hiding Work Plans on Visitor Visa Extension Leads to Exclusion Order
- Citation
- 2026 FC 648
- Decided
- Court file
- IMM-24715-24
- Full judgment
- Read the decision
Case Law Overview
Domingcil v. Canada (Citizenship and Immigration), 2026 FC 648
The Applicant, a visitor in Canada, secured a job offer with a positive LMIA but failed to disclose this when applying to extend his visitor visa, stating his only purpose was to visit family. The Immigration Division issued an exclusion order for misrepresentation.
Court Ruling
The Federal Court dismissed the judicial review, finding the decision to issue an exclusion order was reasonable. The Court affirmed that withholding material facts, like an intention to work, on a visitor status application constitutes misrepresentation.
Key Quote from the Court
This is also not the case of an innocent misrepresentation. The Applicant knew... he had received a positive LMIA application in his name, and had a signed job offer... He chose not to include that information to his consultant and chose not to correct it on his extension application.
Expert Takeaways
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The Duty of Candour is Absolute Applicants have a continuous duty to provide truthful, complete, and accurate information on all immigration applications. Withholding a material fact, such as a job offer, on a visitor extension application is a serious breach of this duty.
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A New Application Does Not Correct a Prior Misrepresentation Filing a subsequent, correct application (like a work permit) does not retroactively 'fix' a misrepresentation on a previous, pending application. The original application must be amended directly before a decision is made.
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Materiality is Broadly Interpreted A fact is considered 'material' if it could potentially influence an officer's decision. An applicant's intention to work is clearly a material fact when assessing an application to extend their stay as a visitor.
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You Are Responsible for Your Application Blaming a representative is not a defence if you withhold information from them. The applicant is ultimately responsible for the completeness and accuracy of the information submitted on their behalf.
There is a deadline on this
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
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No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
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Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
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More Temporary Resident Visa (TRV) / Visitor Visa rulings
Federal Court Overturns Visitor Visa Refusal for Ignoring Evidence
IRCC Reopened Your File? Your Judicial Review May Be Dismissed as Moot
Federal Court Orders IRCC to Decide on Visitor Visa After 900+ Day Delay
Federal Court Overturns Visitor Visa Refusal for Unreasonable Financial Assessment
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)