Fraudulent Bank Statement Leads to Refusal of Work Permit in Misra v. Canada

The Officer's Investigation and Decision

The visa officer investigated and found that the inflated bank statement was indeed fraudulent. Consequently, the officer issued a procedural fairness letter (PFL), giving Misra an opportunity to explain the discrepancy. Misra's immigration consultant responded but failed to address the issue with the fraudulent Bank Asia documents. As a result, the officer refused the application and a second officer confirmed the inadmissibility finding.

During the judicial review hearing, the court noted that the fraudulent document had a different font for the inflated balance, suggesting it was altered manually. The court, led by Mr. Justice Diner, found that the officer's decision was both reasonable and procedurally fair, as Misra had been given a chance to respond to the allegations but failed to do so effectively.

The Court's Ruling

The Federal Court dismissed Misra's application for judicial review. The judge stated that the officer's decision was "entirely sound" and "justifiable and transparent," meeting the reasonableness test set out in the landmark Supreme Court of Canada case, Vavilov. The court concluded that the factual and legal circumstances supported the officer's finding of misrepresentation, and no questions for certification arose from the case. The application was dismissed with no costs awarded.