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Receiving a Procedural Fairness Letter from Immigration, Refugees and Citizenship Canada (IRCC) can be an important stage in an immigration application. The letter generally identifies concerns that may negatively affect the application and provides an opportunity to respond before a final decision is made.
A Procedural Fairness Letter should be taken seriously. The concerns raised can involve eligibility, admissibility, credibility, documentation, employment or educational history, relationships, financial information, misrepresentation, or other aspects of an immigration application.
At Nadeem Law Office, we assist clients in reviewing and responding to Procedural Fairness Letters. We assess the concerns raised by the immigration officer, review the application and supporting evidence, and prepare legal submissions and documentation addressing the issues within the applicable deadline.
With our head office in Mississauga and branch offices in Cambridge and London, Ontario, we assist clients in Canada and internationally with Procedural Fairness Letter responses and related Canadian immigration matters.
A Procedural Fairness Letter, sometimes referred to as a PFL or fairness letter, is correspondence from an immigration decision-maker identifying concerns with an application and giving the applicant an opportunity to respond before a final decision is made.
A Procedural Fairness Letter is therefore different from a refusal letter.
The applicant still has an opportunity to provide an explanation, supporting evidence, legal submissions, or other relevant information addressing the concerns raised.
The appropriate response will depend on the exact wording of the letter, the application previously submitted, and the evidence available.
A Procedural Fairness Letter can arise in different types of Canadian immigration applications and for many different reasons.
Depending on the application, concerns may involve:
Possible misrepresentation or undisclosed information;
Employment history or work experience;
Educational qualifications or documents;
Financial information or source of funds;
Authenticity or reliability of documents;
Relationship concerns in a sponsorship application;
Medical, criminal, security, or other admissibility issues;
Previous immigration applications or refusals;
Inconsistent information;
Eligibility under the immigration program;
Business or employment arrangements;
Information obtained during verification; or
Other concerns that may negatively affect the application.
The letter should be reviewed carefully to determine exactly what issue the decision-maker expects the applicant to address.
No. Receiving a Procedural Fairness Letter does not necessarily mean that your immigration application has already been refused.
The purpose of the fairness process is to provide an opportunity to respond to concerns before the decision-maker reaches a final determination.
However, the letter can indicate that the officer has identified an issue that could result in a refusal or another adverse decision if it is not adequately addressed.
The response should therefore directly address the concerns rather than simply repeating information that was already included in the original application.
A strong response begins with a careful review of both the Procedural Fairness Letter and the immigration application that led to it.
Depending on the circumstances, the response may include:
A detailed written explanation;
Legal submissions;
Corrected or clarified information;
Documentary evidence;
Employment or educational records;
Financial documentation;
Relationship evidence;
Affidavits or declarations, where appropriate;
Evidence explaining inconsistencies or discrepancies; and
Other documents directly relevant to the officer’s concerns.
The response should be organized and should address the specific concerns identified in the letter.
Providing a large volume of unrelated documents may not resolve the issue if the response does not explain how the evidence addresses the decision-maker’s concern.
One of the most serious reasons for receiving a Procedural Fairness Letter is a concern about misrepresentation.
Section 40 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national may be inadmissible for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter where doing so induces or could induce an error in the administration of the Act.
A finding of misrepresentation can have consequences extending beyond the refusal of the particular application.
Under the current legislation, a person found inadmissible for misrepresentation can generally remain inadmissible for five years, subject to the statutory provisions governing how that period is calculated. A foreign national inadmissible under section 40 is also restricted from applying for permanent resident status during that period.
Because of these potential consequences, a Procedural Fairness Letter raising misrepresentation should be reviewed particularly carefully.
Misrepresentation concerns can arise in many different situations.
Examples may include concerns about:
Undeclared previous visa refusals;
Incorrect employment information;
Employment documents that cannot be verified;
Undisclosed family members;
Incorrect marital or relationship information;
Educational records;
Criminal history;
Travel or immigration history;
Financial documentation;
Inconsistent answers in different immigration applications; or
Documents that an officer believes may not be genuine.
A concern does not necessarily establish that misrepresentation occurred. The applicant should be given an opportunity to respond to the concern before an adverse determination is made where procedural fairness requires it.
The appropriate response will depend on the facts and evidence in the particular case.
Not every discrepancy in an immigration application is necessarily deliberate.
Applicants can make mistakes, misunderstand questions, rely on incorrect information, or provide answers that later appear inconsistent with other records.
However, simply stating that something was an innocent mistake may not adequately address the concern.
Where an error or inconsistency exists, the response may need to explain how it occurred, clarify the correct facts, address its significance under the applicable law, and provide supporting evidence where available.
The legal consequences depend on the circumstances, including the nature and materiality of the information at issue.
A Procedural Fairness Letter can also arise in a spousal or partner sponsorship application.
IRCC may have concerns about matters such as:
Whether the relationship is genuine;
Whether the relationship was entered into primarily for immigration purposes;
Previous marriages or relationships;
Inconsistent information provided by the sponsor and applicant;
Cohabitation or relationship history;
Sponsor eligibility; or
Other immigration or admissibility concerns.
A response may require additional relationship evidence together with a detailed explanation addressing the specific concerns raised by the officer.
Applicants for work permits and study permits may also receive Procedural Fairness Letters.
Depending on the case, concerns may involve employment documents, educational history, qualifications, admissibility, previous immigration information, the genuineness of documents, or other eligibility issues.
Where the concern involves information supplied by an employer, school, agent, consultant, or another third party, it is important to determine what information was actually submitted and why the officer has raised the concern.
Procedural fairness issues can arise in permanent residence applications under economic, family, humanitarian, and other immigration categories.
Concerns may relate to:
Qualifying work experience;
Employment verification;
Points or program eligibility;
Family composition;
Proof of funds;
Admissibility;
Previous immigration history;
Documents submitted with the application; or
Possible misrepresentation.
Because an adverse finding can affect both the current application and future immigration matters, the implications of the response should be considered carefully.
Before responding to a Procedural Fairness Letter, it is important to understand what information was originally provided to immigration authorities.
The applicant’s previous forms, supporting documents, letters of explanation, employment records, and relevant immigration history may need to be compared with the concerns identified in the PFL.
This can be particularly important where the officer has identified inconsistencies between different applications or documents.
A response prepared without reviewing the original record can create additional inconsistencies or fail to address the actual issue.
The type of evidence required depends entirely on the concern raised in the Procedural Fairness Letter.
For example, an employment-related concern might require employment records, payroll documentation, tax records, correspondence, or other evidence establishing the employment relationship.
A relationship concern might require additional evidence concerning the development and continuation of the relationship.
Where a required or requested document cannot be obtained, IRCC’s current guidance permits an applicant to provide an explanation and evidence of efforts to obtain the document. The officer will determine how to proceed based on the circumstances.
The objective should be to provide evidence that is relevant to the specific concern rather than simply submitting additional documents without explanation.
A Procedural Fairness Letter normally specifies a deadline for responding.
There is no single response period that should be assumed for every PFL. The applicant should follow the deadline stated in the particular letter.
Because gathering documents, reviewing the immigration record, and preparing legal submissions can take time, the response should be addressed promptly after the letter is received.
If additional time is genuinely required, it may be appropriate to request an extension and explain why more time is needed. An extension is discretionary and should not be assumed to have been granted unless confirmed.
After receiving the response, the immigration decision-maker will consider the information and evidence provided before making a decision.
The outcome will depend on the application, the concern raised, the response, the evidence, and the applicable immigration law.
The officer may be satisfied that the concern has been addressed and continue processing the application, or the officer may determine that the concern remains and make an adverse decision.
Receiving a Procedural Fairness Letter therefore does not guarantee either approval or refusal.
Failing to respond to a Procedural Fairness Letter can result in the decision-maker proceeding based on the information already available.
If the existing record contains unresolved concerns, this can lead to a refusal or another adverse decision.
Applicants should therefore not ignore a PFL simply because they believe the officer has misunderstood their application.
The response is the applicant’s opportunity to address the concern before a final decision is made.
If the immigration application is refused after a Procedural Fairness Letter response, the next step depends on the type of application and the reasons for refusal.
Depending on the circumstances, options may include:
Submitting a new application;
Appealing the decision where a statutory right of appeal exists;
Seeking reconsideration in appropriate circumstances; or
Applying for leave and judicial review before the Federal Court of Canada.
IRCC now provides officer decision notes with refusal letters for most temporary resident applications and most permanent residence applications, subject to specified exceptions. These notes can assist in understanding the reasoning behind a refusal.
The refusal decision and the complete application history should be reviewed before determining which option may be appropriate.
Where an application is refused after a Procedural Fairness Letter response, Federal Court judicial review may be available in appropriate circumstances.
Judicial review can be particularly relevant where there is an issue concerning the reasonableness of the decision or the fairness of the process.
The Federal Court does not normally approve the underlying visa, permit, or permanent residence application itself. If judicial review succeeds, the Court may set aside the decision and return the matter for reconsideration.
Strict deadlines apply to applications for leave and judicial review. Under the Immigration and Refugee Protection Act, the general deadline is 15 days for a matter arising in Canada and 60 days for a matter arising outside Canada, calculated from when the applicant is notified of or otherwise becomes aware of the matter.
Anyone considering judicial review should therefore obtain legal advice promptly following a refusal.
At Nadeem Law Office, we assist clients with Procedural Fairness Letter responses involving:
Misrepresentation allegations;
Employment and work experience concerns;
Educational documentation;
Spousal and family sponsorship concerns;
Relationship evidence;
Financial and source-of-funds issues;
Work permit and study permit applications;
Permanent residence applications;
Document authenticity concerns;
Criminal or other admissibility matters;
Inconsistent immigration information;
Legal submissions and supporting evidence; and
Federal Court judicial review following a refusal, where appropriate.
We review the Procedural Fairness Letter together with the relevant immigration application and supporting documentation, identify the issues that need to be addressed, and assist in preparing a detailed response based on the client’s circumstances.
A Procedural Fairness Letter provides an important opportunity to address concerns before an immigration decision is made. The response can be particularly significant where the letter raises allegations of misrepresentation, document authenticity, inadmissibility, or other issues that may have consequences beyond the immediate application.
If you have received a PFL, review the response deadline carefully and consider obtaining legal advice as soon as possible.
Nadeem Law Office assists clients with Procedural Fairness Letter responses and related immigration matters through our offices in Mississauga, Cambridge and London, Ontario.
Contact Nadeem Law Office to schedule a consultation regarding your Procedural Fairness Letter.
info@nadeemlaw.com