December 3, 2025
How Withdrawing an Application Can Help Avoid a Misrepresentation Finding – Expert Immigration Explains
The Withdrawal Strategy: How Withdrawing an Application Can Help Avoid a Misrepresentation Finding
By Poonam Thakur, RCIC-IRB | Career Wings Immigration | November 2025
In Canadian immigration, honesty and accuracy are everything. A small mistake or misleading document can lead to 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 realize your application contains errors after you’ve submitted it? Can you withdraw it before it leads to trouble?
A recent Federal Court decision has given us some valuable insight — and a bit of hope — for applicants who act quickly and transparently.
What Happened in the Kasimova Case
In Kasimova v. Canada (2025 FC 1500), a woman from Uzbekistan applied for a Temporary Resident Visa (TRV) in 2023. Soon after applying, she discovered that some documents she had submitted were incorrect — including a questionable bank letter.
Realizing the mistake, she withdrew her application within nine days and told IRCC that she would submit a new, corrected one. IRCC confirmed the withdrawal.
A month later, she filed a new application with the correct financial documents. But when IRCC reviewed it, the visa officer looked back at the old (withdrawn) file, verified the old bank letter, and concluded it was fraudulent. Based on that, the officer refused the new application and banned her for five years for misrepresentation.
She took the case to Federal Court, and the judge — Justice Brouwer — ruled in her favour.
What the Federal Court Said
The Court said the officer’s decision was unreasonable. Once an application is withdrawn, IRCC officers cannot rely on old documents that are no longer part of the current file.
Here’s what Justice Brouwer made clear:
“The false document was not part of the current application and thus could not reasonably have induced an administrative error.”
In other words, since the incorrect document was withdrawn and replaced before the new application was processed, it shouldn’t have been used to accuse her of misrepresentation.
The Court also emphasized that officers must be careful and fair, especially because a misrepresentation finding can have devastating and long-lasting effects on a person’s future in Canada.
What This Means for Applicants
The Kasimova case offers an important lesson — and a possible strategy — for anyone who realizes they’ve made a mistake in their immigration application.
1. Withdrawal isn’t a magic fix — but it can help
Technically, misrepresentation happens the moment you submit an incorrect application. But if you act quickly and withdraw your application before it’s processed, you can help prevent future problems.
2. Officers must focus on the new file
IRCC cannot “reach back” into a withdrawn file to use old documents as evidence against a new, clean submission.
3. Transparency is key
If you’ve made a mistake, be honest and correct it right away. Submitting a truthful, complete, and verifiable new application shows good faith.
4. Misrepresentation ≠ Credibility
Just because you made a mistake before doesn’t mean IRCC can automatically accuse you of misrepresentation later. The two are not the same — and officers must base their findings on the current evidence.
Why You Need Professional Immigration Guidance
Navigating the complexities of Canadian immigration law — especially issues around misrepresentation under IRPA section 40 — can be overwhelming. A single error, even if unintentional, can affect your future applications and travel to Canada.
At Career Wings Immigration, our licensed consultants (RCICs) guide clients through every step of the process — from identifying potential risks to preparing accurate and well-documented submissions. We also help clients manage delicate situations like application withdrawal, procedural fairness responses, and appeals.
Our goal is to protect your immigration future with honesty, professionalism, and expert strategy.
Contact Career Wings Immigration
If you think your immigration application might contain an error, don’t panic — get expert advice before IRCC takes action.
WhatsApp: +1-778-881-6000
Website: www.careerwingsimmigration.com
Email: info@careerwingsimmigration.com
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