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procedural fairness letter

SFasdasd

Newbie
Feb 26, 2024
4
0
Hi all
thanks for this nice helpfull forum

My application completion date was 02 feb 2024. Today I recieved a procedural fairness letter:

Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the 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 this Act. I have concerns 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.
On your application summary for a visitor visa, received 2024/02/02, page 7 question 'Have you ever been refused a visa or permit, denied entry to, or ordered to leave any country or territory?'. You answered “Yes”, adding “Previously denide [sic] twice for visitor visa to Canada for Tourism.our records indicate that you were refused a US visa also.
I am concerned that you have not been truthful in your application answers, and that you may have directly or indirectly misrepresented or withheld material facts relating to a relevant matter that could have induced an error in the administration of the Act.
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. Such a finding of 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 give you an opportunity to respond to this information. I will afford you fifteen (15) days from the date of this letter to make any representations in this regard.
To respond, go to the "Application Details" page, click the "View submitted applications" button at the bottom of the page, and follow the instructions provided on the "Documents Submitted" page.
If you do not respond to this request within the time outlined above, your application will be assessed based on the information available, which will likely result in a refusal.


kinldy advice what should i do and where in the application or IRCC portal i can do it ???


regards
 

Kaibigan

Champion Member
Dec 27, 2020
1,043
407
Hi all
thanks for this nice helpfull forum

My application completion date was 02 feb 2024. Today I recieved a procedural fairness letter:

Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the 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 this Act. I have concerns 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.
On your application summary for a visitor visa, received 2024/02/02, page 7 question 'Have you ever been refused a visa or permit, denied entry to, or ordered to leave any country or territory?'. You answered “Yes”, adding “Previously denide [sic] twice for visitor visa to Canada for Tourism.our records indicate that you were refused a US visa also.
I am concerned that you have not been truthful in your application answers, and that you may have directly or indirectly misrepresented or withheld material facts relating to a relevant matter that could have induced an error in the administration of the Act.
Please note that if it is found that you have engaged in misrepresentation in submitting your application, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. Such a finding of 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 give you an opportunity to respond to this information. I will afford you fifteen (15) days from the date of this letter to make any representations in this regard.
To respond, go to the "Application Details" page, click the "View submitted applications" button at the bottom of the page, and follow the instructions provided on the "Documents Submitted" page.
If you do not respond to this request within the time outlined above, your application will be assessed based on the information available, which will likely result in a refusal.


kinldy advice what should i do and where in the application or IRCC portal i can do it ???


regards
A procedural fairness letter is generally a fairly serious matter and requires a considered response, especially if a 5-year ban is to be avoided.

You have not said here that the VO was mistaken in saying you have a US visa refusal on your record. Failure to disclose such a thing is taken seriously by the IRCC. You will need to explain, if you can, how it is that it was not disclosed. How long ago did the US refusal occur?

You get but one chance to respond to the PFL, so far as I know. How you respond will be critical. Let me say that I am a Canadian lawyer, but not an immigration lawyer. For myself, although I am a lawyer, I would want to hire an immigration lawyer to help with a reply to the PFL. Doing it on your own carries too much risk, at least for my taste.
 
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SFasdasd

Newbie
Feb 26, 2024
4
0
thanks for your reply
as you said, it was unintentional mistake and it wen overlooked by me as if it was referring to CANADA refusals only.
i am trying to explain this to them but the problem also that i don't know where to respond to this since i'm applying through IRCC portal where you can't access your application details???
if you or any body knows, please advise.

regards
 

albloshi_sa

Hero Member
Jul 28, 2019
421
88
Answering that "I overlooked a question " is inconveniencing, especially when you have been refused twice from canada and also have a USA refusal.
You need a stonger reason for this.
Unfortunately, IRCC is very strict with the refusal part.
 

SFasdasd

Newbie
Feb 26, 2024
4
0
honestly that was the reason for that mistake, thought they are referring to Canada only.
What is possible reasonable reasoning for such issue in your opinion please? And how to submit it?
Regards
 

albloshi_sa

Hero Member
Jul 28, 2019
421
88
In that case, you have to write a strong letter clarifying your statement. Its up to them to either JUST REFUSE or BAN or event GRANT the visa.
 
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SFasdasd

Newbie
Feb 26, 2024
4
0
In that case, you have to write a strong letter clarifying your statement. Its up to them to either JUST REFUSE or BAN or event GRANT the visa.
yes i agree with you, nothing more i can do now, however i don't know where exactly i have to respond since there is no option for that in the IRCC portal?
do you think they may accept the misinterpretation of the question as referring to canada only ?
Thank you so much for your response
 

albloshi_sa

Hero Member
Jul 28, 2019
421
88
there is a good part and bad part.

Good part is that you answered Yes,
Bad part you didnot mention US refusal.

So You can play in the area of "thinking that it was only asking for Canada refusals" and "You missed other countries refusal UNINTENTIOANLY" and "It was a innocent mistake and You were not intending to hide any information"
Rest its your luck.
 
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Copingwithlife

VIP Member
Jul 29, 2018
4,485
2,255
Earth
Answering that "I overlooked a question " is inconveniencing, especially when you have been refused twice from canada and also have a USA refusal.
You need a stonger reason for this.
Unfortunately, IRCC is very strict with the refusal part.
It’s not just Canada , many countries are strict when it comes to this