Procedural fairness letter, what to expect

[Naturgrl]

Hello everyone. I got a visa refusal but ban wasn't stated on the correspondence. The background: I applied to IRCC for visitation to Canada with my wife in 2020 and Covid struck and processing time got elongated. I kept checking the portal but no response came for over 2 years and I gave up thinking that application is null and void. Only for me to hear of someone in similar situation that got a response. It prompted me to go and check and I saw that I was served PFL April 20, about a month ago and i was given 10 days to respond which has clearly elapsed when i checked it yesterday. The letter stated that I misrepresented been refused visa to another country asides USA ( this was declared). Apparently, that was UK and it totally skipped my mind because it happened 13 years ago. What is best course to do in this scenario because I am thinking of contacting an immigration lawyer to file a response. I am worried it might affect other applications as i am thinking of applying to study before the year runs out and leaving that question open might be a serious issue. Also, if I was banned, it should be stated in my letter of refusal right?

You posted this question a few times. First, post the letter. A PFL usually has a ban so how do you know it is a PFL?

 

[Naturgrl]

Thank you for your interest in coming to Canada. I have reviewed your temporary resident visa
(visitor visa) application and supporting documentation to assess whether you meet the
requirements for a visitor visa (https://www.canada.ca/en/immigration-refugees-citizenship/
services/visit-canada/eligibility.html). This includes assessing whether you are coming to Canada
temporarily for the reason(s) you describe in your application. I have determined that your
application does not meet the requirements of the Immigration and Refugee Protection Act
(IRPA) (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html) and Immigration and Refugee
Protection Regulations (IRPR) (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/
index.html). I am refusing your application.
• I am not satisfied that you have truthfully answered all questions in the documents you
have submitted in support of your application, as required by subsection 16(1) of the IRPA.
Specifically, I am not satisfied that the following information is truthful: Your declared history of
previously refused visa application(s) to Canada or any other country.

That is not a PFL. It is a refusal only. You got lucky. If you decide to reapply, you mention all refusals. Where does it state to respond within 10 days.?

 

[SenatorOA]

That is not a PFL. It is a refusal only. You got lucky. If you decide to reapply, you mention all refusals. Where does it state to respond within 10 days.?

even though i was served a pfl before the letter


This is in reference to your application for a temporary residence visa to Canada.
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.
Section 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 (IRPR). 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 IRPA.
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section
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 reasonably requires.
Specifically, your answer to the statutory question, “Have you ever been refused a visa or permit, denied
entry or ordered to leave Canada or any other country?” does not appear truthful. Our records show at least
one previous visa refusal/enforcement action was not declared.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a temporary resident visa, 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 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 ten (10) days
from the date of this letter to submit additional information in this regard.
If you do not respond to this request within ten (10) days, your application will be assessed based on the
information currently on file and may result in the refusal of your application.

 

[Naturgrl]

even though i was served a pfl before the letter


This is in reference to your application for a temporary residence visa to Canada.
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.
Section 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 (IRPR). 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 IRPA.
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section
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 reasonably requires.
Specifically, your answer to the statutory question, “Have you ever been refused a visa or permit, denied
entry or ordered to leave Canada or any other country?” does not appear truthful. Our records show at least
one previous visa refusal/enforcement action was not declared.
Please note that if it is found that you have engaged in misrepresentation in submitting your application
for a temporary resident visa, 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 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 ten (10) days
from the date of this letter to submit additional information in this regard.
If you do not respond to this request within ten (10) days, your application will be assessed based on the
information currently on file and may result in the refusal of your application.

Now that is a PFL telling you that you may receive a five year ban (In bold) if you don’t respond. You need a Canadian immigration lawyer. Because you didn’t respond within 10 days then you most likely were given a 5 year ban. Not sure you can do anything now except talk to a lawyer ASAP.

 

[SenatorOA]

Now that is a PFL telling you that you may receive a five year ban (In bold) if you don’t respond. You need a Canadian immigration lawyer. Because you didn’t respond within 10 days then you most likely were given a 5 year ban. Not sure you can do anything now except talk to a lawyer ASAP.

so i could have been given even though it wasn't stated on my letter?

 

[Naturgrl]

so i could have been given even though it wasn't stated on my letter?

It is stated in the PFL that you posted. It says - A finding of such inadmissibility would render you
inadmissible to Canada for a period of five years according to section 40(2)(a). You received a PFL and then TRV refusal. You need to find out from IRCC if you got a 5 year ban. The TRV response would not have that because of the timelines and that you only got letter on April 20. Lawyer up.

So because you didn’t respond in 10 days, IRCC makes a decision.