Temporary Resdience

Procedural Fairness / Officer Concerns

Procedural Fairness Letter / Officer Concerns

Procedural Fairness Letter / Officer Concerns

Immigration and Citizenship Applications

After an application for a visa or permit is filed, an officer would review the supporting documents. Sometimes, an officer detects an issue that may lead to a refusal, but deems it necessary to contact the applicant or her lawyer. The purpose of the officer’s contact is to put a candidate for a visa on notice of a specific concern, not normally within the knowledge of the candidate or applicant when the case was filed at the beginning.

Possible Officer Concerns

Such concerns may include:
• whether a marriage was valid under the law of Canada or the law of another country;
• whether an applicant has a health condition that is deemed to cause excessive demand on Health or Social services;
• whether there is a criminal charge or conviction that may affect admissibility to Canada;
• whether there is a political or military job position that may affect admissibility to Canada;
• whether a fact was wrong or omitted leading to a finding of misrepresentation;
• whether an applicant or a relative was truthful in their documents or forms about their studies or work experience;
• whether an applicant is a genuine student;
• other concerns that an officer may deem relevant to the criteria of whatever visa is being sought.

Procedural Fairness Letter For Canadian Immigration

A procedural fairness letter is an email or letter electronically sent by an immigration officer. The officer sends that letter to allow a visa candidate to respond to a concern about the documents that have been submitted by a visa seeker.

How To Respond To A Procedural Fairness Letter

The officer may give a specific amount of time to to reply to a procedural fairness letter in Canada such as seven days or 30 days. It is imperative to avail oneself of the opportunity given by an officer to address the officer’s concern. A proper response citing the relevant law, case precedents, and corroborated by evidence, may prevent the application from being refused, or at the minimum, may increase the chance of success when seeking redress at other venues such as the Federal Court.

It is strongly recommended to obtain advice from an immigration lawyer in Canada before composing and responding to a procedural fairness letter.

Processing Time For A Procedural Fairness Letter

Depending on how strong or weak the response to the procedural fairness letter is, an officer may take anywhere from 30 days (which is common) or more than a year (which is also uncommon).

Immigraion Refusals: Misrepresentation

Each Canadian immigration or citizenship application receives the same consideration with impartial rules set by the Government of Canada. Some cases that are refused can be due to misrepresentation. Misrepresentation is when there is a failure to disclose certain information or providing information that is false.

As mentioned, the procedural fairness letter provides applicants the opportunity to provide evidence or proof of any information deemed to be misrepresented.

Read more about immigration misrepresentation in Canada on the blog written by Max Chaudhary, immigration lawyer at Chaudhary Law Office.

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