What is a fair procedure?
When the government makes a decision that affects someone’s rights, it must follow certain rules. One of these rules requires that the decision-making process is fair.
Precisely, a fair procedure means that the officers must:
Be unbiased when making a decision,
Tell you their concerns about your application, and
Give you an opportunity to respond to their concerns.
What is a Procedural Fairness Letter (PFL)?
When the officers have concerns about your application, they will send a letter to you. This letter is called a PFL.
The letter will contain their concerns. It also gives you instructions on how to reply. Note that there is always a deadline for you to respond.
What concerns that a Procedural Fairness Letter might include?
Generally speaking, the concerns are related to either your eligibility or admissibility. For example, when you apply under a program that you might not be eligible for. Or, when you provide inaccurate information.
Further, In some cases, the officers may ask that you provide additional information. For example, when your relationship becomes an issue in your sponsorship application.
Note that when you submit your application, you must ensure it is complete. Immigration, Refugees and Citizenship Canada (IRCC) will return your application if it is incomplete. They will not send you a PFL before returning your application.
How to address a Procedural Fairness Letter?
Firstly, when you receive such a letter, you should know there is something wrong with your application. You need to read this letter carefully because it tells you what the problems are.
Secondly, you need to go back to your application and find out what causes the problems.
Thirdly, the letter will also say the law and policy that the office relies on to make a decision. You should also review the law and policy.
Generally speaking, you may directly address the officer’s concerns. For example, if you are found giving false information, you may explain why.
However, sometimes you may have to admit the officer’s concerns but provide an alternative solution. For example, if you don’t have enough income to sponsor a family member, you may provide your humanitarian and compassionate (H&C) grounds instead of addressing why you did not have enough income.
Lastly, you need to provide your response and send it to the officer before the deadline.
Why is it important to respond to a Procedural Fairness Letter?
First of all, if you could properly address the officer’s concerns, there will be a good chance that you will be successful in your application.
However, if you do not respond, you certainly will receive a refusal.
In some cases, if you are found inadmissible, this may cause difficulties for your future applications.
Further, if your application is refused, you may not get your processing fees back.
How to avoid a Procedural Fairness Letter?
Often, a lot of issues with your application could have been properly addressed before you submit your application.
For the same example, if you don’t have enough income to sponsor a family member, you could include your H&C grounds in your application. Note that you may use H&C grounds in most PR applications made in Canada. For more information about H&C, please visit our Service page.
In other cases when you are not eligible for a program, you could first try to meet the requirements before submitting your application.
Nonetheless, the rule of thumb is that you must ensure that your supporting documents meet the requirements. Your documents are the direct evidence of your eligibility and admissibility.
Is it possible to receive a refusal after responding to the Procedural Fairness Letter?
Again, sending your response does not mean you will win in your application. Whether you may be successful still depends on a number of factors.
However, your response does play an important factor that may affect the officer’s final decision. Therefore, you should treat it seriously.
In case you receive a refusal, there may be some solutions depending on the nature of your application.
For example, if you failed an application under Express Entry, you may re-apply if you don’t have inadmissible issues. If your sponsorship is refused, you may be eligible to appeal it to the Immigration and Refugee Board (IRB). For more information about appeals, please visit our Service page.
Moreover, it is possible that the officer makes a mistake. If that is your case, you may ask for reopening or reconsideration. For some people, a judicial review at the Federal Court may be the only option.
LGBTQ immigration
Many LGBTQ people wish to move to Canada either for work or study. They will want to become permanent residents. In fact, both work experience and education in Canada will be helpful for their PR applications. Further, some of the LGBTQ individuals may already be eligible for PR without having to work or study in Canada.
However, if you receive a Procedural Fairness Letter, you should carefully evaluate the issues and address them properly.
Book a consultation today, we can help you with your questions.
What do we do?
We work with LGBTQ people and help with their journey to Canada. At LegalRoots, client experience is what we care about. We also create a safe and friendly place for those who wish to discuss their matters with us freely.
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