Office of Immigration, Refugees and CitizenshipCanada (IRCC) often sends a Procedural Fairness letter (PFL) to an applicant to provide clarity on their applications. A Procedural fairness letter (PFL) is the formal communication sent by the IRCC to an individual in the immigration process to address concerns or issues relating to the application. With the aim of providing the applicant an opportunity to respond before a final decision is made on the application, it states the details related to the application, usually discrepancies or missing information.
Common reasons for issuing PFLs
The following are the common reasons for which theIRCC often issues PFLs:
Misrepresentation: Section 40(1) of theImmigration and Refugee Protection Act (hereinafter, the Act) prohibitsmaking misrepresentations in disclosures made in the application. Thus, the IRCC often issues PFLs where there is suspicion that information or documents provided in the immigration process are false or fake. This could mean failure to disclose previous visa refusals. The penalty for misrepresentation could be a 5-year ban to Canada. To clarify these matters, the IRCC affords the applicant the opportunity to respond to the issue before passing a verdict.
Medical Inadmissibility: Under Section 38(1) of the Act, where an individual will incurexcessive demand on health care or social service costs, the IRCC may determine such individual medically inadmissible in Canada. For instance, in some parental sponsorship applications, IRCC would send a PFL, and a smart response would require a secondary opinion and detailed medical plans to allay the fears of the IRCC.
Criminal Inadmissibility: By virtue of Section 36 of the Act, previous criminal issues in Canada oranother country may render an individual and/or their family members inadmissible for permanent residency or temporary residency in Canada. Quite frankly, another family member’s criminal record could tell on an application, and IRCC may issue a PFL for the applicant to explain their criminal issue or their relationship with a relation who has one.
Genuineness of relationship: PFLs in this category are often issued in spousal sponsorshipapplications. They may be issued toquestion the authenticity of the claimed relationships, either marriage, conjugal or common-law partnerships. They may be issued to convince the officer that the requirement for sponsorship is met. The issues leading to the issuance of PFL in this respect often range from inconsistency of information on forms or in previous applications, insufficient supporting documents, lack of cohabitation, non-recognition of marriage or dependent children, etc.
Security reasons: The Immigration Act in section 34 renders an applicantinadmissible for certain security reasons, including ties to terrorism or organizations deemed security threats. Consequently, a PFL may be issued for clarification on the nature of the suspected ties to determine if it renders the applicant inadmissible under the Act. Also, individuals with former government or military service may require additional information to address concerns of security.
Express Entry: PFLs are also often issued in respect of express entry applications. Thereasons for issuance often include non-provision of sufficient evidence for work experience, incorrect National Occupational Classification (NOC), and discrepancies in employment letters. A satisfactory response addressing the
issues must be provided to avoid an application refusal.
Responding to PFLs
Applicants are granted specific timeframes torespond to PFLs. It often ranges from 7 (seven) to 30 (thirty) days. The timeframe provides an opportunity to write a detailed and well-structured response. The response should specifically address the officer’s concerns. A quality response would be supported by relevant laws, case precedents, and crucial evidence.
It is a smart idea to consult an immigration lawyerbefore responding to a PFL, so they can apply their knowledge of relevant laws, case precedents, and determine necessary accompanying evidence to avoid a ban or refusal.
DISCLAIMER: The above blogpost or any other blog post on this website do not constitute legal advice. It is only intended to provide general information on the subject matter and does not by itself create a client/attorney relationship between readers and the author or serve as legal advice. If you need specific legal advice, contact a lawyer.
