How to reply to a procedural fairness letter for misrepresentation?
Before you submit your application, read every question carefully. Err on the side of caution if you are unsure about answering a question.
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What is a procedural fairness letter?
You may receive a procedural fairness letter is an immigration officer believes that you may have committed a misrepresentation. The letter explains the reasons for their concerns and provides you an opportunity to reply. You are usually given a certain amount of time to respond.
Failure to respond to a procedural fairness letter may result in the final refusal of their application.
How to reply to a procedural fairness letter?
If an individual receives a procedural fairness letter, it is important that they carefully review the letter and respond to any questions or requests for information in a timely and complete manner.
Include any additional information that you believe may be relevant to your application, such as any changes in your circumstances or new evidence that supports your eligibility for immigration to Canada.
Your reply and supporting documents will vary based on your personal situation and the type of application.
Important to reply properly
It is best to avoid a misrepresentation finding compared to fighting it in court to overturn it. You should strongly consider speaking with a lawyer to learn how to reply properly. Our lawyers will review the letter and help you understand the reason for the letter. We will identity issues and concerns, and help you reply.
Real-life Procedural Fairness Letter Example
Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for immigration to Canada.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.
Specifically, I have concerns that you did not declare your previous criminal charges in the Statutory Questions when you submitted your application. Specifically, you answered “No” to the Statutory Question: “Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?”
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a study permit you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five (5) years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provisions govern subsection (1):
(a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of determination in Canada, the date the removal order is enforced.
I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. Please respond using the address at the top of this letter and clearly indicate your file number for all correspondence.
If you do not respond to this request within 30 days, your application will be assessed based on the information currently on file and may result in the refusal of your application.