Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA ss. 46, 109 and 110 checked that day.
The application: the Minister says your refugee decision was obtained through misrepresentation (IRPA s. 109(1)).
Two defences: no material misrepresentation, or other sufficient evidence justified protection anyway (s. 109(2)).
No RAD appeal: the RPD hearing is the main chance (s. 110(2)(f)). Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If the Minister has applied to vacate your refugee status, the Refugee Protection Division will hold a hearing to decide whether your original decision was obtained by misrepresenting or withholding material facts. You can defend on two fronts: that there was no material misrepresentation, or that even without it, other evidence at your first hearing justified protection. The outcome affects your claim and, if you’re a permanent resident, your PR status.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, defends protected persons and permanent residents against applications to vacate and in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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Read the application closely
- Exactly what facts the Minister says were misrepresented or withheld;
- The evidence behind it (fingerprint matches, foreign documents, a family member’s statements);
- Which parts of your original decision the Minister says depended on them.
Your two defences
| Defence | What to show |
|---|---|
| No material misrepresentation | The facts were disclosed, weren’t false, or didn’t matter to the decision |
| Other sufficient evidence (s. 109(2)) | The evidence the RPD accepted at the first hearing, apart from the disputed facts, justified protection on its own |
Evidence checklist
- The full original record: Basis of Claim form, hearing recording or transcript, decision;
- Your identity documents and how you got them;
- Explanations, with proof, for each alleged misrepresentation;
- Your file from IRCC and CBSA (see getting your immigration file).
After the hearing
If the application is allowed, your claim is deemed rejected and PR is lost. Federal Court review (15 days) and removal-stage options follow. See losing PR through cessation for how those options work.
Why this needs a lawyer
One lawyer, one file, every step:
- getting and reading the original hearing record;
- building both defences;
- representing you at the RPD;
- Federal Court review.
The defence lives in the original record. Finding the evidence that stands on its own takes careful work.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Not getting the original hearing recording.
- Conceding the misrepresentation and ignoring s. 109(2).
- Inconsistent explanations.
- Missing the 15-day Federal Court deadline afterward.
Frequently asked questions
Can I keep my PR?
Only if the application is rejected.
Is there a hearing?
Yes, at the Refugee Protection Division.
Can I appeal to the RAD?
No (s. 110(2)(f)). Federal Court judicial review is the remedy.
Will my family be affected?
Possibly; each family member needs advice on their own status.
What should I do right now?
Order the original hearing record now and get counsel before the hearing date.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 109
- Immigration and Refugee Protection Act, s. 46(1)(c.1) and (d)
- Immigration and Refugee Protection Act, s. 110(2)(e)–(f)
- Immigration and Refugee Protection Act, s. 72
This article is general information, not legal advice. Every case depends on its own facts.