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Procedural Fairness Letter - Criminal History

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,248
Canada
While the ban is described as permanent, you can apply for an ARC as part of an outland spousal sponsorship. They will review the ARC as part of the outland application and grant it if the sponsorship will be granted.

You could also hire a lawyer to appeal the deportation order.

Or respond to the PFL citing humanitarian and compassionate grounds.
 

Surya1002

Newbie
Sep 8, 2023
5
0
Hello everyone, i am not sure if this is the right place to post my question but i am going to try.

I have received a procedural fairness letter from immigration Canada. Just to give you a little bit of background i did got caught and was charged with DUI to which I pleaded guilty. I was prohibited from driving for one year which completed in March this year. Last year i applied for PR under the provincial nominees program, i have passed my medical and was asked to submit the PR fee, which I did. And now i have received a letter which reads;

This is in reference to your application permanent residence in Canada.
After careful and thorough consideration of all aspects of your application and the supporting information provided it appears that you do not meet the requirements for a permanent residence visa. Because you are a person described in paragraph 36(1) (a) of the immigration and refuge protection act. You would therefore be criminally inadmissible to Canada.
1) paragraph 36(1) (a) renders inadmissible a foriegn national on grounds of criminality for having been convicted in Canada of an offence under an act of parliament punishable by way of indictment or of two offenses under any act of parliament not arising out of a single occurrence.
You have been convicted in Canada on about March 05 2018 of an offence under article 253(1)(B) 255(1)CC with a blood alcohol content of 80 mg namely driving under influence_ Blood alcohol content this offence would be punishable by way of indictment under section 320.14(1) of CCC punishable by upto 10 years imprisonment.
Sub section 11(1) of the act states that the visa or document shall be issued if following an examination the officer is satisfied that the foriegn national is not admissible and meets the requirements of this act. It appears that you are inadmissible for the reasons set out above. Before I make a final decision, you may submit additional information relating to your criminal background.
You must provide any additional information within 30 days from the date of this letter.

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I made a big mistake i know that. But i have learned my lesson, i gave up drinking the very day i was caught, trying to help a friend reach home after he broke his car in front of my house.

I have worked really hard to come this far. I am in a situation that i can not figure out how to handle.

What do you guys think, what do i need to do to get myself out of this situation and get my permanent residence.

I went to see a pardon officer who said that i can not apply for pardon as of now because its too early. She pointed out that in the letter it says the charge is indictment which as per her means someone was hurt, but no one was hurt / there was no accident. They pulled me over and took me to police station for the test. I just checked on the court papers it says summary conviction not indictment.
Hi Avinash
Am in the same boat as you were in previously.
I received PFL for explanation in 14 days. May I know how did you proceed and what happened ?