Federal Court: Correcting Application After IRCC Finds Misrepresentation is Too Late
- Citation
- 2026 FC 830
- Decided
- Court file
- IMM-13783-24
- Full judgment
- Read the decision
Case Law Overview
Righetti v. Canada (Citizenship and Immigration), 2026 FC 830
An Italian citizen applying for an electronic travel authorization (eTA) failed to disclose three prior work permit refusals from 2017. The IRCC officer found him inadmissible for misrepresentation, refusing the eTA and rejecting his request to withdraw the application.
Court Ruling
The Federal Court dismissed the judicial review application, finding the officer's decision reasonable. The Court affirmed that attempting to correct a misrepresentation after it has been detected by IRCC is not a cure, and an applicant's claim of ignorance about past refusals was not credible given the circumstances.
Key Quote from the Court
A correction made after detection and after an earlier misrepresentation refusal is not equivalent to a proactive correction made before the issue has crystallized. The Officer did not act unreasonably by treating the Applicant’s later disclosure of his work permit refusals as relevant but not curative.
Expert Takeaways
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The Duty of Candour is Absolute Applicants have a positive duty to be truthful and complete on all immigration applications. Answering 'No' to a question about prior refusals when refusals exist is a direct misrepresentation.
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Post-Detection 'Corrections' Are Not a Cure This case confirms the principle that correcting information only after IRCC has identified a misrepresentation does not erase the original falsehood. The misrepresentation has already occurred and can still lead to a finding of inadmissibility.
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Credibility is Assessed on a 'Balance of Probabilities' Officers will assess the plausibility of an applicant's explanations. Claiming ignorance of multiple refusals, especially when attended by an immigration consultant, was found to be implausible and did not meet the test for an 'innocent mistake'.
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Withdrawal is Not an Escape Route An officer can reasonably refuse to allow an application to be withdrawn if a misrepresentation concern has already been identified. This is done to protect the integrity of the immigration system and prevent applicants from evading consequences by simply pulling their application.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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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
Does this mean my own case will succeed?
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.
How long do I have to challenge a refusal?
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.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More recent Federal Court rulings
Court: Past Failures Don't Justify Mandamus if Problem is Now Resolved
Federal Court: IRCC Cannot Destroy PR Card Without Justifying Notice
Federal Court Orders IRCC to Pay Costs for Excessive Citizenship Delay
Federal Court Orders IRCC to Decide 4.5-Year Delayed PR Application
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)