When an application to visit, work or live permanently in Canada is filed, IRCC would
review the application and the supporting documents. If there is an issue with the application or supporting documents, the Immigration officer deciding on your application is required to follow the rules of procedural fairness throughout the decision-making process.
Procedural fairness requires that applicants should be provided with a fair and unbiased assessment of their application by being informed of the decision-maker’s concerns and be given a meaningful opportunity to provide a response to concerns about their application
The requirement for procedural fairness applies to all types of immigration and citizenship applications and all aspects of decision-making.
If the Immigration officer finds out an concern with your application that may lead to the refusal of your application then you will receive an Procedural Fairness Letter
Such concerns may include:
• whether a marriage was valid under the law of Canada or the law of another country;
• whether the marriage is genuine its just an arrangement to come to Canada
• whether an applicant has a health condition that is deemed to cause excessive demand on Health or Social services;
• whether there is a criminal charge or conviction that may affect admissibility to Canada;
• whether there is a political or military job position that may affect admissibility to Canada;
• whether a fact was wrong or omitted leading to a finding of misrepresentation;
• whether an applicant or a relative was truthful in their documents or forms about their studies or work experience;
• whether an applicant is a genuine student;
• other concerns that an officer may deem relevant to the criteria of whatever visa is being sought.
A Procedural Fairness letter is a very serious matter. It is not an request from IRCC for additional documents. You may consider taking a professional and experienced help before you reply to the Letter as A Procedural Fairness letter may result in a 5 years ban for misrepresentation.
A properly drafted response with relevant law, case precedents should be provided with the response.
We strongly recommend that you should take help from professionals in Immigration Law if you have received an Procedural Fairness Letter for your application.