Procedural fairness letter, what to expect

[llawa]

dear members,

My in laws applied for super visa after being refused 3 times for TRV (within one year).
My father in law was deported from states in 2004, and they didn't mention that on their super visa application. I had told them to mention it because the two countries share the data, however, they did not follow through. Anyhow, the immigration officer has contacted us with a procedural fairness letter granting 15 day period to get back to them as why we didn't mention this info. My husband sent them all the documents related to the deportation and stated that he was not aware his father was deported, he was under the impression that his father left voluntarily.

any chance they will get the supervisa? Does this affect my husbands status in canada?

 

[Wonderland_1010]

dear members,

My in laws applied for super visa after being refused 3 times for TRV (within one year).
My father in law was deported from states in 2004, and they didn't mention that on their super visa application. I had told them to mention it because the two countries share the data, however, they did not follow through. Anyhow, the immigration officer has contacted us with a procedural fairness letter granting 15 day period to get back to them as why we didn't mention this info. My husband sent them all the documents related to the deportation and stated that he was not aware his father was deported, he was under the impression that his father left voluntarily.

any chance they will get the supervisa? Does this affect my husbands status in canada?

It will not affect your husband's status in Canada but there are higher chances that they will be refused and be banned for misrepresentation. The ban last 5 years after the refusal letter so your in laws will not be able to visit Canada after 5 years.

 

[llawa]

It will not affect your husband's status in Canada but there are higher chances that they will be refused and be banned for misrepresentation. The ban last 5 years after the refusal letter so your in laws will not be able to visit Canada after 5 years.

are there any cases where the visa has been granted in such cases?

 

[llawa]

I was going through old posts related to misrepresentation. someone stated that procedural fairness is sort of their way of refusing? is this true?

 

[Wonderland_1010]

are there any cases where the visa has been granted in such cases?

Most likely not. Hiding material information especially hiding information regarding deportation is very serious.

Procedural fairness letter gave you a chance to explain why your in laws left out their deportation and excuses like they didn't understand what was asked is not valid.

Been deported from a country has major affect to the processing for the Visa application. IRCC will think that your in laws hid the information due to increasing their chances of Visa approval.

 

[Bryanna]

I was going through old posts related to misrepresentation. someone stated that procedural fairness is sort of their way of refusing? is this true?

Procedural fairness letter is the precursor to getting banned for 5 years for misrepresentation. It is NOT a simple refusal. It is a very serious matter.

This ban is inevitable in most cases. Nonetheless, the visa office does give an opportunity to the applicant to disprove that the visa officer has not made any incorrect assumption prior to banning the applicant.

Visas will not be granted. In some rare cases, a simple refusal might be given. Your in-laws can expect 5 years' ban.

Just curious to know if your in-laws had declared the US deportation in the three TRV applications + if they had declared the previous TRV refusals in their super visa applications

 

[Buletruck]

Just to add, the ban is not only on visas, but all immigration to Canada, including PGP. It will likely also affect any future visa applications after the 5 year ban. Misrepresentation carry’s significant repercussions in Canadian immigration.

 

[scylla]

are there any cases where the visa has been granted in such cases?

The chances of approval are extremely low at this point. What you should be hoping for is a refusal with no misrepresentation ban.

 

[scylla]

I was going through old posts related to misrepresentation. someone stated that procedural fairness is sort of their way of refusing? is this true?

It's not a refusal - but it indicates that IRCC intends to refuse the application.

 

[Bornlucky]

I was going through old posts related to misrepresentation. someone stated that procedural fairness is sort of their way of refusing? is this true?

Procedural fairness is an element of natural justice - the right to know the facts against you and respond to them, perhaps in a way that will explain to the officer why he or she was looking at an obvious misrepresentation when there may be an innocent explanation. The penalty is severe because a person who commits a misrepresentation cuts off the decision-maker's avenues of investigation that allow for lawful and appropriate decisions. This takes them away from legitimate applications, and lying ticks off most decision-makers, in my experience.

Over the years most developed nations have come to share information in order to manage down the risk in issuing visas to people who may have histories of abusing member nation immigration systems in one manner or another. In part, this is to protect the integrity of their asylum systems but is also an important security feature that reveals criminality or other matters of interest to the decision-makers.

Is this a "sort of their way of refusing?"

That depends on how the issue is addressed.

 

[llawa]

Procedural fairness letter is the precursor to getting banned for 5 years for misrepresentation. It is NOT a simple refusal. It is a very serious matter.

This ban is inevitable in most cases. Nonetheless, the visa office does give an opportunity to the applicant to disprove that the visa officer has not made any incorrect assumption prior to banning the applicant.

Visas will not be granted. In some rare cases, a simple refusal might be given. Your in-laws can expect 5 years' ban.

Just curious to know if your in-laws had declared the US deportation in the three TRV applications + if they had declared the previous TRV refusals in their super visa applications

thanks for you detailed reply...they withheld the info in their previous applications as well. The funny part is that my father in law was granted visa previously and he came to visit us.

 

[llawa]

Procedural fairness is an element of natural justice - the right to know the facts against you and respond to them, perhaps in a way that will explain to the officer why he or she was looking at an obvious misrepresentation when there may be an innocent explanation. The penalty is severe because a person who commits a misrepresentation cuts off the decision-maker's avenues of investigation that allow for lawful and appropriate decisions. This takes them away from legitimate applications, and lying ticks off most decision-makers, in my experience.

Over the years most developed nations have come to share information in order to manage down the risk in issuing visas to people who may have histories of abusing member nation immigration systems in one manner or another. In part, this is to protect the integrity of their asylum systems but is also an important security feature that reveals criminality or other matters of interest to the decision-makers.

Is this a "sort of their way of refusing?"

That depends on how the issue is addressed.

I totally understand and have an appreciation for the process and the officers. I personally think they would have been approved had they not withheld this piece of info. I just feel bad for them at the same time too. They really wanted to come to Canada.

 

[musiclover]

hi,
Is there a chance for my sister in law to be approved for a visitor visa if we invite her just to come for a tour in Canada. However, she has an intellectual disability. She is 35 yrs old but her mental age is 4 yrs old. So she has no ties and work back home to declare. Any suggestions what documents can be submitted to support her application. Please advise. Thank you.

 

[Bryanna]

hi,
Is there a chance for my sister in law to be approved for a visitor visa if we invite her just to come for a tour in Canada. However, she has an intellectual disability. She is 35 yrs old but her mental age is 4 yrs old. So she has no ties and work back home to declare. Any suggestions what documents can be submitted to support her application. Please advise. Thank you.

It would help to start a new thread to get suggestions instead of posting in a thread about misrepresentation

 

[llawa]

Procedural fairness letter is the precursor to getting banned for 5 years for misrepresentation. It is NOT a simple refusal. It is a very serious matter.

This ban is inevitable in most cases. Nonetheless, the visa office does give an opportunity to the applicant to disprove that the visa officer has not made any incorrect assumption prior to banning the applicant.

Visas will not be granted. In some rare cases, a simple refusal might be given. Your in-laws can expect 5 years' ban.

Just curious to know if your in-laws had declared the US deportation in the three TRV applications + if they had declared the previous TRV refusals in their super visa applications

Hi Brynna,

I replied to your message that they did withheld this piece of info in their previous applications. Does this mean that their previous apps could have been rejected because of this?
My in laws are under the impression that this letter means that if we send IRCc the related documents and state that we weren't aware of the question..the Visa will be granted.