Responding to Immigration Concerns Before a Decision Is Made
A Procedural Fairness Letter (PFL) is an opportunity provided by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) for an applicant to respond to concerns that may negatively affect the outcome of an immigration application. These concerns may relate to eligibility, admissibility, supporting documentation, credibility, or other issues identified during the assessment of an application.
Receiving a PFL does not automatically mean that your application will be refused. However, it is a serious matter that often requires a detailed, well-supported, and timely response. In many cases, this may be your final opportunity to address the concerns before a decision is made.
At Dejavu Visa Inc., we assist clients in preparing comprehensive Procedural Fairness responses tailored to the specific issues raised by immigration authorities.
What is Procedural Fairness?
Procedural fairness is a fundamental principle of Canadian administrative law. Before making a decision that may negatively affect an applicant, immigration officers are generally required to provide the applicant with an opportunity to understand the concerns and respond before a final decision is rendered.
A Procedural Fairness Letter outlines those concerns and establishes a deadline for submitting a response.
The purpose of a Procedural Fairness response is to:
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Clarify misunderstandings.
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Provide additional evidence.
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Correct factual inaccuracies.
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Address legal or procedural concerns.
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Explain circumstances that may not have been fully understood.
A Procedural Fairness Letter may be issued for a variety of reasons, including concerns relating to:
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Misrepresentation: Questions regarding the accuracy, completeness, or consistency of information provided in an application.
Common Reasons for a Procedural Fairness Letter
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Employment History: Concerns regarding work experience, employer documentation, job duties, or qualifying employment.
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Financial Evidence: Questions relating to proof of funds, financial documentation, or the source of financial support.
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Family Relationships: Concerns regarding the genuineness of family relationships or supporting documentation.
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Medical or Criminal Inadmissibility: Issues relating to medical examinations, criminal records, or admissibility under Canadian immigration law.
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Document Authenticity: Questions regarding the authenticity or reliability of documents submitted in support of an application.
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Program Eligibility: Concerns that an applicant may not meet the requirements of the immigration program under which they applied.
WHY RESPONDING TO A PROCEDURAL FAIRNESS LETTER IS IMPORTANT
A Procedural Fairness Letter should never be ignored.
Failure to respond, submitting an incomplete response, or missing the response deadline may result in:
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Refusal of the immigration application.
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Findings of misrepresentation where applicable.
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Inadmissibility consequences under Canadian immigration law.
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Delays in future immigration applications.
Every response should directly address the concerns raised while providing organized, relevant, and persuasive supporting evidence.
STRICT DEADLINES
Procedural Fairness Letters generally include a deadline for responding.
Because response periods are often limited, it is important to seek advice as soon as possible after receiving a Procedural Fairness Letter. Early preparation provides more time to gather supporting documentation and prepare a comprehensive response.
Every Procedural Fairness Letter is different. Our team takes the time to understand the specific concerns identified by the decision-maker and develops a strategy tailored to your individual circumstances.
Our services include:
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Detailed review of the Procedural Fairness Letter.
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Assessment of the immigration and factual issues raised.
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Preparation of written responses.
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Review and organization of supporting documentation.
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Assistance obtaining additional evidence where appropriate.
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Preparation of detailed response packages.
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Submission guidance and ongoing support.