Procedural Fairness Letter

[as163]

Hey Guys I received this email today

This refers to your application for permanent residence. Having reviewed your file and taken into
consideration you written declarations I have concerns that you may not meet the requirements
of the Immigration and Refugee Protection Act (IRPA).

Subsection 16(1) of the Immigration and Refugee Protection Act states that 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 the schedule A, you responded “No” to the question 4(d); whether you have ever been
refused a visa by any country. However, we have information that you were refused a temporary
visa by the XXX on XXXX/XX/XX. I have concerns that you are not truthful in your answers in your
application.

Before rending a decision, I am providing you with an opportunity to respond to my concern. I
am giving you sixty (60) days to respond. If you do not respond to my concern within this
timeframe I will assess your application based on the information before me and your case may
be refused.

Also, please provide at the same time the original police certificate that you obtained from
Lebanon; an electronic copy is not sufficient. Please be sure to include your file number in all
correspondence.

International Migration Office

I honestly forgot that my wife had been refused that visa that's the only reason I pressed NO !

What do you think I should do? How can my reply be in email or in a printed letter? What should I include as details?

Also, does this mean that security check is complete?

 

[scylla]

CIC is prepared to refuse the application and potentially ban your wife from Canada for 5 years due to misrepresentation. You'll need to respond and confirm the refusal happened. I would provide any background information you have about the reason for the refusal. You should also state that you mistakenly selected no - in other words this information wasn't omitted on purpose.

You should assume that the application is going to be refused. That's pretty much guaranteed. What you want to do is avoid the misrepresentation ban.

 

[as163]

CIC is prepared to refuse the application and potentially ban your wife from Canada for 5 years due to misrepresentation. You'll need to respond and confirm the refusal happened. I would provide any background information you have about the reason for the refusal. You should also state that you mistakenly selected no - in other words this information wasn't omitted on purpose.

You should assume that the application is going to be refused. That's pretty much guaranteed. What you want to do is avoid the misrepresentation ban.

Are you serious right now ??? It's just a simple mistake! If they wanted to refuse the application they would've said so directly !

 

[preity]

CIC is prepared to refuse the application and potentially ban your wife from Canada for 5 years due to misrepresentation. You'll need to respond and confirm the refusal happened. I would provide any background information you have about the reason for the refusal. You should also state that you mistakenly selected no - in other words this information wasn't omitted on purpose.

You should assume that the application is going to be refused. That's pretty much guaranteed. What you want to do is avoid the misrepresentation ban.

I was wondering how would one ensure only the application is refused and the applicant isn't banned? Have there been such cases?

 

[Wonderland_1010]

I was wondering how would one ensure only the application is refused and the applicant isn't banned? Have there been such cases?

If you have received a letter titled Procedural Fairness Letter, that is most likely a bad sign that a applicant is about to be refused and be charged with misrepresentation.

 

[Onceagain2step]

Are you serious right now ??? It's just a simple mistake! If they wanted to refuse the application they would've said so directly !

Important notice about misrepresentation
If you’re applying to sponsor someone, or you’re applying for permanent residence yourself, you are personally responsible for the content of your application. If you or someone acting on your behalf submits false documents or misrepresents facts relating to your application for a permanent resident visa, your application will be refused and a record of the misrepresentation will be kept. This includes information in your background declaration (IMM 5669 – Schedule A). It also includes any other information you submit in support of your application during processing. Applicants and their dependants could be deemed inadmissible to Canada for five years under subsection 40(2) of the Immigration and Refugee Protection Act. For more information, see misrepresentation.

 

[kcward7]

Are you serious right now ??? It's just a simple mistake! If they wanted to refuse the application they would've said so directly !

It may be a "simple mistake" to you, and I get that, but to CIC it is considered misrepresentation. Some applicants lie deliberately throughout this process, there is no way for the officer to differentiate between mistakes and intended falsehoods.

 

[Buletruck]

Are you serious right now ??? It's just a simple mistake! If they wanted to refuse the application they would've said so directly !

Unfortunately, they don't view it as a simple mistake. They view it as misrepresentation and it's a criminal offence in Canada. You need to understand that the real issue (although you may feel it is) isn't the refusal, it's the ban that they will apply after the refusal. Your efforts right now are to satisfy them enough that they don't apply the 5 year ban. If they apply the ban, as pointed out, your wife won't be able to apply or enter Canada for 5 years.

 

[scylla]

Are you serious right now ??? It's just a simple mistake! If they wanted to refuse the application they would've said so directly !

The fairness letter is their intent to refuse. The fairness letter is a procedural step CIC is required to take before they refuse an application. Again, you should assume refusal is likely guaranteed. What you are trying to do is avoid the 5 year ban.

Unfortunately it's not a simple mistake. It's a very serious mistake.

 

[scylla]

I was wondering how would one ensure only the application is refused and the applicant isn't banned? Have there been such cases?

There is no way to ensure the application is only refused. It's really up to the officer whether they make a finding of misrepresentation and issue the ban. Best option is to provide as much information as possible and explain the question was answered in error.

 

[as163]

I really hope to god that this goes on well ! It was honestly a simple mistake I mean why would I even hide the fact she was refused a visa somewhere else?? I have to benefit from this !
I just talked to the local MP and they are examining the letter I put together as a reply
wish me luck guys

 

[msb]

I really hope to god that this goes on well ! It was honestly a simple mistake I mean why would I even hide the fact she was refused a visa somewhere else?? I have to benefit from this !
I just talked to the local MP and they are examining the letter I put together as a reply
wish me luck guys

Lots of people lie to that very question actually, thinking it will help their case to not say they were refused else where...

Best of luck, keep us informed.

 

[Landing_PR]

My advise, DO NOT LIE right now! A friend of mine was banned for 2 years for misrepresentation. It's not worth it in the long run. Be honest and open and explain to them what happened. Also, instead of going through the MP, try talking to an Immigration Lawyer. They will charge you around $2,000 - $3,000 just for ONE letter. But in the end, it'll be worth getting in the clear with CIC. Good luck!!

 

[as163]

Lots of people lie to that very question actually, thinking it will help their case to not say they were refused else where...

Best of luck, keep us informed.

Definitely will ! THank you

 

[as163]

My advise, DO NOT LIE right now! A friend of mine was banned for 2 years for misrepresentation. It's not worth it in the long run. Be honest and open and explain to them what happened. Also, instead of going through the MP, try talking to an Immigration Lawyer. They will charge you around $2,000 - $3,000 just for ONE letter. But in the end, it'll be worth getting in the clear with CIC. Good luck!!

Man I have nothing to LIE about ! Why would I even do that ?