January 13, 2026
How Withdrawing an Immigration Application Can Help Avoid a Misrepresentation Finding
The Withdrawal Strategy: Acting Early to Protect Your Immigration Record
In Canadian immigration law, honesty and accuracy are critical. Even a minor mistake or misleading document can have serious consequences, including a five-year ban under Section 40 of the Immigration and Refugee Protection Act (IRPA) for misrepresentation.
But what happens if you discover an error after submitting your application? Can withdrawing it prevent potential problems? A recent Federal Court decision provides clarity and a practical strategy for applicants who act quickly and transparently.
The Kasimova Case
In Kasimova v. Canada (2025 FC 1500), a woman from Uzbekistan applied for a Temporary Resident Visa (TRV) in 2023. Shortly after submitting her application, she realized that some documents—such as a bank letter—were incorrect.
She withdrew her application within nine days, informing IRCC that she would submit a corrected application. IRCC confirmed the withdrawal.
A month later, she submitted a new application with the correct documents. However, the visa officer referred to the old withdrawn file, deemed the previous bank letter fraudulent, and refused the new application, imposing a five-year misrepresentation ban.
The Federal Court, under Justice Brouwer, ruled in her favor.
Federal Court Findings
The Court emphasized that once an application is withdrawn, IRCC officers cannot rely on documents from the withdrawn file to make decisions on a new application.
Justice Brouwer stated:
“The false document was not part of the current application and thus could not reasonably have induced an administrative error.”
Since the incorrect document had been withdrawn and replaced before processing the new application, it should not have been used to accuse her of misrepresentation. The Court also stressed that officers must act fairly, given the long-term consequences of misrepresentation findings.
What This Means for Applicants
The Kasimova case provides important lessons for anyone who discovers errors in their immigration applications:
- Withdrawal Can Help, But Isn’t a Guarantee
Misrepresentation technically occurs when an incorrect application is submitted. Acting quickly to withdraw the application before processing can mitigate risks. - Focus Should Be on the Current File
IRCC cannot retroactively use a withdrawn file to penalize a new, accurate application. - Transparency Is Essential
Correct errors honestly and submit a complete, verifiable new application to demonstrate good faith. - Misrepresentation ≠ Credibility
A past error does not automatically equate to misrepresentation. Officers must base their decisions on the current evidence.
Why Professional Guidance Matters
Navigating misrepresentation issues under IRPA Section 40 can be complex. A single error—intentional or unintentional—can affect future applications and your ability to travel to Canada.
At MyWorld Immigration Services Ltd., our licensed consultants (RCIC–IRB) help clients:
- Identify potential risks before submission
- Correct errors through proper documentation and communication with IRCC
- Respond effectively to procedural fairness letters
- Submit accurate, well-documented applications and manage appeals if necessary
Our goal is to protect your immigration record with honesty, professionalism, and expert strategy.
Contact MyWorld Immigration
If you believe your immigration application contains an error, seek guidance before IRCC takes action. Acting promptly can save your future in Canada.
Harminder Singh Saini, RCIC–IRB
Email: info@myworldimmigration.com
Website: www.myworldimmigration.com
WhatsApp: +1-672-399-0000
Instagram: @myworldimmigration
MyWorld Immigration Services Ltd. — Professional, ethical, and trusted guidance for securing your Canadian immigration future.