CICC v Bayegan, 2025 CICC 26
Here’s the uncomfortable truth about professional licensing: your application usually fails long before anyone looks at your credentials. It fails at disclosure if you conceal critical information, and especially so, if you lie on your statutory declaration.
That’s the lesson from CICC v Bayegan, 2025 CICC 26, where the Registrar Appeal Committee upheld the refusal of an RCIC licence based not on skills, education, or future potential, but on honesty at the outset.
What went wrong
Ms. Bayegan’s application was refused on good character grounds for two reasons.
First, the Registrar found it probable that she had engaged in unauthorized practice by publicly holding herself out as an immigration consultant or lawyer. At the licensing stage, the College does not need courtroom-level proof. Probability is enough.
Second, and decisively, Ms. Bayegan failed to disclose outstanding criminal charges in her statutory declaration. She swore that no such charges existed and left the disclosure section blank.
That proved to be fatal.
On appeal, she focused on explaining why the criminal charges were unfounded and why broader context mattered. The Committee was clear: this case was never about the merits of the charges. It was about the failure to disclose them.
Licensing is not a trial (and appeals are not do-overs)
The Committee reinforced a point many applicants misunderstand: licensing is not a hearing on guilt or innocence. It is a credibility assessment.
Applicants are expected to disclose adverse information first and then explain why licensure is still appropriate. What they cannot do is swear an inaccurate declaration, ignore a Statement of Concern, and attempt to rehabilitate the record on appeal.
Appeals are not second chances, but are narrow reviews for legal errors. Here, none was found. The appeal was dismissed, and $7,500 in costs was ordered, despite the applicant not being licensed.
What this means for RCIC applicants (and other regulated professionals)
If you’re applying for licensure, reinstatement, or responding to a regulator:
- Disclosure is not optional;
- Context comes after disclosure, not instead of it;
- “Explaining later” rarely works.
Ignoring regulator correspondence almost never works.
A statutory declaration is not a formality, it is your first credibility test. If you are dishonest about information sworn on your statutory declaration your application may be over, no matter how strong the rest of your file is.
A practical note
Many licensing refusals are preventable. Problems usually arise not because an issue exists, but because it is handled poorly, incompletely, or too late. Strategic disclosure, done properly and early, can make the difference between approval and refusal.
If you are dealing with a licensing application, investigation, or appeal before a professional regulator, early advice matters.
Frequently Asked Questions: CICC Licensing and Good Character:
Did the decision turn on whether the criminal charges were proven?
No. The Registrar and the Registrar Appeal Committee were clear that the merits of the criminal charges were irrelevant. The refusal was based on the failure to disclose them, not on whether the charges were justified.
What standard applies to good character assessments at the licensing stage?
Licensing decisions are protective and discretionary. The Registrar does not need to prove misconduct beyond doubt. A finding that conduct is probable can be sufficient to justify refusal at the application stage.
Can an applicant fix disclosure problems on appeal?
Generally, no. Appeals are not second chances to rebuild the record. New evidence is only admitted in narrow circumstances, and applicants are expected to provide complete and accurate disclosure during the initial licensing process.
What is the practical lesson for RCIC applicants?
Statutory declarations are foundational. Full, upfront disclosure is critical. Attempting to minimize, delay, or explain away issues later is unlikely to succeed and may permanently damage an application.
This commentary is for informational purposes only and does not constitute legal advice.
Contact Tamir Litigation Law Firm today at 416-499-1676 or visit tamirlitigation.com to learn how you can protect your licence and your reputation. You can also message us on WhatsApp for a free initial chat.