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Procedural Fairness Letter (PFL)

Aug 24, 2011
9
0
Hi All,

can someone please help me on PFL. I recently applied for my parents Supervisa last month and yesterday I recieved PFL for my dad( he never came to Canada in 1995 also the name on the letter is not matching with the file I applied I mean the name is same but Spelling of first name is different and also my dad didn’t use his surname in any of the documents only but the PFL letter we recieved it has my dad First middle and last name)My dad already had visitor Visa since 2017 and visited here in canada without any problem.IRCC gives us 10 days to respond. If someone can help me for the sample of Response letter to PFL that would be greatfull. I spoke to few lawyers and they are asking for 4000$-8000$.

if anyone know lawyer also on a reasonable price please advise also.


I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the 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 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 response of 'No' to the questions, 'Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country or territory?' and 'Have you ever used any other name (e.g. Nickname, maiden name, alias, etc.)?' omits material information regarding the outcome to your entry to Canada on or about 1995/08/12, as well as matters subsequent to that entry, as well as similar interactions with the USA. As the withholding of this information was liable to induce an error in the administration of the Act and/or did induce such an error with respect to your previous visa application, I am concerned that you may be inadmissible to Canada under A40(1) for misrepresentation.
 

ryvinson

Star Member
Apr 26, 2019
91
16
Hi All,

can someone please help me on PFL. I recently applied for my parents Supervisa last month and yesterday I recieved PFL for my dad( he never came to Canada in 1995 also the name on the letter is not matching with the file I applied I mean the name is same but Spelling of first name is different and also my dad didn’t use his surname in any of the documents only but the PFL letter we recieved it has my dad First middle and last name)My dad already had visitor Visa since 2017 and visited here in canada without any problem.IRCC gives us 10 days to respond. If someone can help me for the sample of Response letter to PFL that would be greatfull. I spoke to few lawyers and they are asking for 4000$-8000$.

if anyone know lawyer also on a reasonable price please advise also.


I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the 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 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 response of 'No' to the questions, 'Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country or territory?' and 'Have you ever used any other name (e.g. Nickname, maiden name, alias, etc.)?' omits material information regarding the outcome to your entry to Canada on or about 1995/08/12, as well as matters subsequent to that entry, as well as similar interactions with the USA. As the withholding of this information was liable to induce an error in the administration of the Act and/or did induce such an error with respect to your previous visa application, I am concerned that you may be inadmissible to Canada under A40(1) for misrepresentation.

Don’t panic. It would seem like there’s a confusion between your dad’s family and given names, which is too common for Asian applicants giving rise to mistaken identity sometimes. The IRCC form does guide you on how to sequence the family and given names.

Because of the said confusion, your dad could have been mistaken for someone of similar name and country of origin who entered Canada in 1995. That being the case, you need to provide the clarification supported by identification documents, like his birth certificate, identity card etc, preferably notarized, in your response.

Others may have a different view, but I don’t see the need for legal help. It’s just a clarification on the correct sequencing of your dad’s legal name in the western format.

I am, of course, assuming there are no other issues other those you have highlighted.

Good luck.
 
Aug 24, 2011
9
0
Thank You So much Ryvinson, I will definitely provide Birth certificate copies. Thanks again.

Don’t panic. It would seem like there’s a confusion between your dad’s family and given names, which is too common for Asian applicants giving rise to mistaken identity sometimes. The IRCC form does guide you on how to sequence the family and given names.

Because of the said confusion, your dad could have been mistaken for someone of similar name and country of origin who entered Canada in 1995. That being the case, you need to provide the clarification supported by identification documents, like his birth certificate, identity card etc, preferably notarized, in your response.

Others may have a different view, but I don’t see the need for legal help. It’s just a clarification on the correct sequencing of your dad’s legal name in the western format.

I am, of course, assuming there are no other issues other those you have highlighted.

Good luck.
 

Nitika17

Full Member
Mar 5, 2019
32
2
Hi All,

can someone please help me on PFL. I recently applied for my parents Supervisa last month and yesterday I recieved PFL for my dad( he never came to Canada in 1995 also the name on the letter is not matching with the file I applied I mean the name is same but Spelling of first name is different and also my dad didn’t use his surname in any of the documents only but the PFL letter we recieved it has my dad First middle and last name)My dad already had visitor Visa since 2017 and visited here in canada without any problem.IRCC gives us 10 days to respond. If someone can help me for the sample of Response letter to PFL that would be greatfull. I spoke to few lawyers and they are asking for 4000$-8000$.

if anyone know lawyer also on a reasonable price please advise also.


I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the 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 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 response of 'No' to the questions, 'Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country or territory?' and 'Have you ever used any other name (e.g. Nickname, maiden name, alias, etc.)?' omits material information regarding the outcome to your entry to Canada on or about 1995/08/12, as well as matters subsequent to that entry, as well as similar interactions with the USA. As the withholding of this information was liable to induce an error in the administration of the Act and/or did induce such an error with respect to your previous visa application, I am concerned that you may be inadmissible to Canada under A40(1) for misrepresentation.
Hey how long did they take to process your app after you submitted your response?
 

Nitika17

Full Member
Mar 5, 2019
32
2
That’s really sad.
My husband received PFL on visitor visa. We have sent a response although we did not use anything fraudulent.
Did you think of suing them?
 
Aug 24, 2011
9
0
I am going to apply for Notes first and will see what it says, I am not sure of Suing yet as its gonna cost a lot I believe.

on what grounds your husband got PFL?

you can dm me if you like.
 

Nitika17

Full Member
Mar 5, 2019
32
2
I am going to apply for Notes first and will see what it says, I am not sure of Suing yet as its gonna cost a lot I believe.

on what grounds your husband got PFL?

you can dm me if you like.
They said bank statements were fraudulent but they were not. We got them from bank. Explained them everything along with letter from bank manager. They could not get agreed.
we filed for judicial review afterwards
 

CEC-lolo

Member
Oct 19, 2015
18
0
They said bank statements were fraudulent but they were not. We got them from bank. Explained them everything along with letter from bank manager. They could not get agreed.
we filed for judicial review afterwards
How did the judicial review go? Any news?