procedural fairness letter

[nass]

I’m sponsoring orphans relatives, the mother death certificate year number was error due to the registry mistake and now I received this after the medical all is done waiting for the visa. This is the visa office response.


By submitting a fraudulent document, I have concerns you have not complied with the
requirement to be truthful in your application, as per section 16(1) of the Act.
Further, I have concerns you may have committed misrepresentation that induced or could have
induced an error in the processing of your application. Specifically, by misrepresenting your
mother’s identity and/or death, you may have misrepresented your status as an orphan, which is a
requirement to be eligible for family sponsorship as an orphaned niece/nephew under section
117(1)(f) of the Regulations.
Before rendering a decision, I would like to give you the opportunity to provide additional
information to address the concerns described above. You have 60 days from the date of this
letter to respond to these concerns.
In your response, please include a letter of explanation and any other supporting documents you
believe will address these concerns.
After this deadline has passed, your application will be reviewed and a final decision made on
the basis of the information available. If you choose not to respond with any additional
information, your application may be refused.

I can get the registry to fix that and I’m just worried of there decision and any suggestions please feel free to help me.

 

[Naturgrl]

I’m sponsoring orphans relatives, the mother death certificate year number was error due to the registry mistake and now I received this after the medical all is done waiting for the visa. This is the visa office response.


By submitting a fraudulent document, I have concerns you have not complied with the
requirement to be truthful in your application, as per section 16(1) of the Act.
Further, I have concerns you may have committed misrepresentation that induced or could have
induced an error in the processing of your application. Specifically, by misrepresenting your
mother’s identity and/or death, you may have misrepresented your status as an orphan, which is a
requirement to be eligible for family sponsorship as an orphaned niece/nephew under section
117(1)(f) of the Regulations.
Before rendering a decision, I would like to give you the opportunity to provide additional
information to address the concerns described above. You have 60 days from the date of this
letter to respond to these concerns.
In your response, please include a letter of explanation and any other supporting documents you
believe will address these concerns.
After this deadline has passed, your application will be reviewed and a final decision made on
the basis of the information available. If you choose not to respond with any additional
information, your application may be refused.

I can get the registry to fix that and I’m just worried of there decision and any suggestions please feel free to help me.

So get registry to fix the error with an explanation of why the error was made in the first place. You cannot just submit a new document. There needs to be an explanation why it was submitted in error in the first place especially if you knew the document was not correct. Get a lawyer to help you.

 

[nass]

So get registry to fix the error with an explanation of why the error was made in the first place. You cannot just submit a new document. There needs to be an explanation why it was submitted in error in the first place especially if you knew the document was not correct. Get a lawyer to help you.

The letter i submitted was in French and I didn’t catch the error at first place honestly and After fixing it and with explanation why they made error do I still need I lawyer to help me ?

 

[Naturgrl]

After fixing it and with explanation why they made error do I still need I lawyer to help me ?

If you feel confident that you don’t need a lawyer to review then your choice. If you believe the explanation will be enough without legal counsel then don’t get a lawyer. But a PFL is very serious and the immigration of your orphaned relatives are in jeopardy.

 

[Amiah_world]

You don’t have to get a lawyer, submit the documents and a detailed explanation why it happened. If you’re being truthful that it’s the registry’s mistake & not yours just make sure you submit proof of that and also any other document you can to prove it wasn’t an intentional mistake or wrong doing on your part.

A lawyer will charge you so much money for this but all you need to do is be patient and smart about it, you have 60 days or somewhere around there make use of them and I’m speaking from experience as someone who’s received a PFL before, still not done with my case but it’s going in a good direction based on the recent communication I received from IRCC & I didn’t use a lawyer I prepared all the responses myself the only thing I did was have my lawyer look them over before I submitted them, my lawyer is my partner’s cousin so it didn’t cost us anything for her to look it over.

If you go through this forum and look at everyone who’s received these letters you can see where plenty of people said they did their responses themselves and got approval after everything was finalized. One thing I’ll say though is if you personally feel like you cannot prepare a detailed and In-depth response then definitely get a consultant or lawyer to help you, this gotta be your best move.

 

[Naturgrl]

The letter i submitted was in French and I didn’t catch the error at first place honestly and After fixing it and with explanation why they made error do I still need I lawyer to help me ?

So how is it being fixed? Who is explaining the error? It is the office the provides the certificate that need to sign off and explain the error, not you.

 

[nass]

You don’t have to get a lawyer, submit the documents and a detailed explanation why it happened. If you’re being truthful that it’s the registry’s mistake & not yours just make sure you submit proof of that and also any other document you can to prove it wasn’t an intentional mistake or wrong doing on your part.

A lawyer will charge you so much money for this but all you need to do is be patient and smart about it, you have 60 days or somewhere around there make use of them and I’m speaking from experience as someone who’s received a PFL before, still not done with my case but it’s going in a good direction based on the recent communication I received from IRCC & I didn’t use a lawyer I prepared all the responses myself the only thing I did was have my lawyer look them over before I submitted them, my lawyer is my partner’s cousin so it didn’t cost us anything for her to look it over.

If you go through this forum and look at everyone who’s received these letters you can see where plenty of people said they did their responses themselves and got approval after everything was finalized. One thing I’ll say though is if you personally feel like you cannot prepare a detailed and In-depth response then definitely get a consultant or lawyer to help you, this gotta be your best move.

This is the whole part of the letter.
This letter concerns your application for permanent residence in Canada. I am completing the
assessment of your application for permanent residence, and I have concerns that you may not
meet the requirements for immigration to Canada.
Please carefully read the information below for further details as well as required action from
you.
Requirements under Canadian immigration law
The requirements for immigration to Canada are set out in the Immigration and Refugee
Protection Act (“the Act”) and the Immigration and Refugee Protection Regulations (“the
Regulations”).
The following sections of the Act and Regulations outline the requirements for the examination
of all applicants:
Section 11(1) states that a foreign national must, before entering Canada, apply to an officer for a
visa or for any other document required by the regulations. The visa or document may be issued
if, following an examination, the officer is satisfied that the foreign national is not inadmissible
and meets the requirements of the Act.
Further, section 16(1) of the 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 all
relevant evidence and documents that the officer reasonably requires.
The following sections of the Act and Regulations concern inadmissibility for misrepresentation:
Subsection 40(1)(a) of the Act states that a permanent resident or a foreign national is
inadmissible for misrepresentation 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 the Act.
Subsection 40(2) specifies that a permanent resident or foreign national who is found to be
inadmissible for misrepresentation continues to be inadmissible to Canada for a period of five (5)
years following:
• in the case of a determination outside Canada, a final determination of inadmissibility
under subsection 40(1) or
• in the case of a determination in Canada, the date the removal order is enforced.
Subsection 40(3) further states that a foreign national who is inadmissible under this section may
not apply for permanent resident status during the period referred to in subsection 40(2)(a).
After carefully reviewing your application and supporting documents, I have concerns that you
have not been truthful and that you may be inadmissible for misrepresentation.
My concerns are based on the following: I have concerns you have submitted a fraudulent death
certificate for your mother, [name ] and a fraudulent birth certificate
for yourself. The death certificate was issued before the date of death; and further, the dates on
both the death and birth certificate are inconsistent with the other dates of birth/death for
[Name] declared elsewhere on your application.
By submitting a fraudulent document, I have concerns you have not complied with the
requirement to be truthful in your application, as per section 16(1) of the Act.
Further, I have concerns you may have committed misrepresentation that induced or could have
induced an error in the processing of your application. Specifically, by misrepresenting your
mother’s identity and/or death, you may have misrepresented your status as an orphan, which is a
requirement to be eligible for family sponsorship as an orphaned niece/nephew under section
117(1)(f) of the Regulations.
Before rendering a decision, I would like to give you the opportunity to provide additional
information to address the concerns described above. You have 60 days from the date of this
letter to respond to these concerns.
In your response, please include a letter of explanation and any other supporting documents you
believe will address these concerns.
After this deadline has passed, your application will be reviewed and a final decision made on
the basis of the information available. If you choose not to respond with any additional
information, your application may be refused.

The registry made mistakes, they will fix it now and the reason I didn’t catch the error when I submitted because it was in French.i have proof of document that the mother is her child birth certificate and hospital records

 

[Naturgrl]

This is the whole part of the letter.
This letter concerns your application for permanent residence in Canada. I am completing the
assessment of your application for permanent residence, and I have concerns that you may not
meet the requirements for immigration to Canada.
Please carefully read the information below for further details as well as required action from
you.
Requirements under Canadian immigration law
The requirements for immigration to Canada are set out in the Immigration and Refugee
Protection Act (“the Act”) and the Immigration and Refugee Protection Regulations (“the
Regulations”).
The following sections of the Act and Regulations outline the requirements for the examination
of all applicants:
Section 11(1) states that a foreign national must, before entering Canada, apply to an officer for a
visa or for any other document required by the regulations. The visa or document may be issued
if, following an examination, the officer is satisfied that the foreign national is not inadmissible
and meets the requirements of the Act.
Further, section 16(1) of the 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 all
relevant evidence and documents that the officer reasonably requires.
The following sections of the Act and Regulations concern inadmissibility for misrepresentation:
Subsection 40(1)(a) of the Act states that a permanent resident or a foreign national is
inadmissible for misrepresentation 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 the Act.
Subsection 40(2) specifies that a permanent resident or foreign national who is found to be
inadmissible for misrepresentation continues to be inadmissible to Canada for a period of five (5)
years following:
• in the case of a determination outside Canada, a final determination of inadmissibility
under subsection 40(1) or
• in the case of a determination in Canada, the date the removal order is enforced.
Subsection 40(3) further states that a foreign national who is inadmissible under this section may
not apply for permanent resident status during the period referred to in subsection 40(2)(a).
After carefully reviewing your application and supporting documents, I have concerns that you
have not been truthful and that you may be inadmissible for misrepresentation.
My concerns are based on the following: I have concerns you have submitted a fraudulent death
certificate for your mother, [name ] and a fraudulent birth certificate
for yourself. The death certificate was issued before the date of death; and further, the dates on
both the death and birth certificate are inconsistent with the other dates of birth/death for
[Name] declared elsewhere on your application.
By submitting a fraudulent document, I have concerns you have not complied with the
requirement to be truthful in your application, as per section 16(1) of the Act.
Further, I have concerns you may have committed misrepresentation that induced or could have
induced an error in the processing of your application. Specifically, by misrepresenting your
mother’s identity and/or death, you may have misrepresented your status as an orphan, which is a
requirement to be eligible for family sponsorship as an orphaned niece/nephew under section
117(1)(f) of the Regulations.
Before rendering a decision, I would like to give you the opportunity to provide additional
information to address the concerns described above. You have 60 days from the date of this
letter to respond to these concerns.
In your response, please include a letter of explanation and any other supporting documents you
believe will address these concerns.
After this deadline has passed, your application will be reviewed and a final decision made on
the basis of the information available. If you choose not to respond with any additional
information, your application may be refused.

The registry made mistakes, they will fix it now and the reason I didn’t catch the error when I submitted because it was in French.i have proof of document that the mother is her child birth certificate and hospital records

So the registry needs to provide an affidavit that they made an error, and explain the error that was made.

 

[nass]

So the registry needs to provide an affidavit that they made an error, and explain the error that was made.

Okay thanks