Arshdeep Singh kahlon

A PFL is a formal opportunity provided by IRCC or PNPs, signalling that they have identified issues with your application. It is essential to take this opportunity seriously, as it is the one and only chance to respond in detail and address the concerns raised by the immigration authorities. By failing to respond appropriately, applicants risk a refusal of their application and potential misrepresentation findings which can lead to a five-year ban from Canada.

A thorough, comprehensive response is vital, even if you fear that a lengthy submission might overwhelm the decision-maker. In fact, responding at length with detailed evidence and explanations can significantly increase the likelihood of a favourable decision. If, despite your best efforts, the decision is still unfavourable and you need to challenge it in Federal Court, a detailed response will help you build a stronger case.

At Kahlon Law Office, we understand how receiving a Procedural Fairness Letter (PFL) from Immigration, Refugees and Citizenship Canada (IRCC) or a Provincial Nominee Program (PNP) can be a stressful and confusing moment in the immigration process. A PFL indicates that there are concerns with your application that could potentially lead to a refusal or even serious consequences such as misrepresentation or inadmissibility. Whether it is related to issues like genuineness of relationships, criminal inadmissibility, medical inadmissibility, express entry discrepancies, or other concerns, a PFL is an official notice that provides you with a critical opportunity to address those concerns before a final decision is made.

What are the common issues that trigger a procedural fairness letter?

Genuineness of Relationship: Concerns may arise during spousal sponsorship applications if the authenticity of the relationship is questioned. This can include discrepancies in the application, lack of sufficient evidence, or previously undisclosed relationships. Responding with comprehensive documentation, such as joint bank statements, photographs, travel evidence, and affidavits from friends or family, is essential.
Misrepresentation: If IRCC believes you have provided false or misleading information, even unintentionally, it may issue a PFL. This can be related to omitting information about previous visa refusals, not declaring family members, or using incorrect documentation. A strong response includes correcting the inaccuracies, providing supporting documents, and explaining any misunderstandings.
Medical Inadmissibility: Applicants with medical conditions that could incur excessive healthcare costs may face concerns in their application. In the case of parental sponsorship or other family reunification applications, elderly applicants may face scrutiny. A medical opinion from a recognized professional, along with a healthcare plan, can help address these concerns.
Criminal Inadmissibility: Past criminal convictions can trigger concerns regarding criminal inadmissibility to Canada. It is important to provide full disclosure, rehabilitation documentation, or evidence of pardons if applicable. Even an accompanying family member with a criminal issue can jeopardize the entire application.
Express Entry: Many issues in Express Entry applications arise from incorrect NOC codes, insufficient work experience documentation, or discrepancies in employment letters. Responding effectively requires providing precise job duties, accurate NOC codes, and verifying employment history with updated documentation.
Security Concerns: Applicants with past military or government service may face concerns about security if they were involved in organizations deemed to be a security threat by Canada. Providing context and supporting documentation to clarify these concerns is crucial to resolving the issue.

How should you respond to a procedural fairness letter?

While many applicants hesitate to submit detailed responses due to concerns that it might overwhelm the officer, responding in detail is often the most important step in the process. When responding to a PFL, it is vital to address each concern raised by the decision-maker. A detailed submission can provide clarity and show the officer that all the facts have been considered. If, despite your response, the officer still refuses the application, a well-documented response will make it easier to challenge the decision in Federal Court.

In cases where the evidence or documents needed to address concerns are not immediately available (such as third-party documentation or lengthy evidentiary reviews), it is important to request an extension of time to provide a complete response. A formal request for an extension should be made to the decision-maker to ensure that the necessary documents are procured, without risking the application being refused prematurely.

If the online portal or email size restrictions prevent you from submitting everything at once, notify the decision-maker in advance that additional documentation will be submitted via webform before the final deadline. This helps to manage expectations and ensures that all relevant documents are considered.

When should you request an extension of time to respond?

In certain situations, an extension of time may be necessary to gather evidence or documents that are being procured from third parties or if there is simply a large volume of evidence to compile. It is crucial to communicate promptly with the decision-maker, explaining the reasons for requesting an extension, and providing a realistic timeline for when the full response will be submitted. A clear notice outlining the need for extra time will help maintain transparency and provide the necessary time to respond properly to the concerns raised.

Case law on procedural fairness: What do the courts say?

The Federal Court of Canada has made it clear that procedural fairness demands that applicants be given a meaningful opportunity to respond to concerns raised about their applications. As outlined in Kaur v. Canada (MCI), 2020 FC 809, the court emphasized that applicants must have the opportunity to address concerns that go beyond the face of the application. In cases where concerns are not immediately obvious to the applicant, procedural fairness requires that these concerns be disclosed so that the applicant has a chance to disabuse the officer of any mistaken impressions (see also Hassani v. Canada, 2006 FC 1283 and Talpur v. Canada, 2012 FC 25).

The principle of procedural fairness is particularly important in cases of misrepresentation, as a finding of misrepresentation can have serious consequences. In Toki v. Canada (Immigration, Refugees, and Citizenship), 2017 FC 606, the court highlighted the need for applicants to be given an opportunity to address any concerns of misrepresentation given the severe implications it can have on their ability to reapply or enter Canada in the future.

In Mohammed v. Canada (Immigration, Refugees and Citizenship), 2019 FC 326, the court reaffirmed that applicants must be given notice of concerns and a chance to respond meaningfully. This principle is upheld not just in permanent resident applications but also in temporary resident applications (as demonstrated in Kong v. Canada, 2017 FC 1183).

Recent Successes of Kahlon Law in the Federal Court of Canada: Kaur v. Canada & Singh v. Canada

At Kahlon Law Office, we pride ourselves on our ability to effectively navigate complex immigration challenges and secure positive outcomes for our clients. Our recent victories in Federal Court serve as a testament to our expertise in handling Procedural Fairness Letters (PFLs) and misrepresentation bans.

Kaur v. Canada (Citizenship and Immigration), 2023 FC 1470: In this case, we successfully represented our client against a misrepresentation ban resulting from the officer’s concerns related to the genuineness of relationship of Ms. Kaur with her spouse. By representing the client effectively in the Federal Court of Canada, we were able to have the ban overturned. This case has been a significant win, particularly because it reinforced the importance of procedural fairness, and the right of applicants to have the opportunity to meaningfully respond to concerns raised about their application.
Singh v. Canada (Citizenship and Immigration), 2024 FC 1369: This case was a landmark victory that received widespread recognition across Canada, celebrated by immigration lawyers, law students, and practitioners alike. In Singh, our firm successfully fought against a misrepresentation finding and five-year ban, securing our client's right to continue their immigration process. This case reinforced the importance of procedural fairness and has become a significant reference point in immigration law, particularly concerning the impact of misrepresentation findings on an applicant’s ability to enter Canada. The case was widely discussed and praised within the legal community given that it was the first ever decision on misrepresentations related to the flagpoling related U.S. land border entry denial.

These victories exhibit our commitment to delivering results in complex immigration matters. We understand the seriousness of receiving a PFL or being subjected to a misrepresentation ban. Our experienced team at Kahlon Law Office is ready to help you navigate these challenges with the best possible strategy and the full strength of our expertise, honed through successful cases like Kaur and Singh.

How can Kahlon Law Office help you?

If you have received a PFL, are facing a misrepresentation finding, or are dealing with any other immigration-related concerns, we are here to provide you with the legal support and representation you need to secure a favourable outcome.

Contact Kahlon Law Office today to schedule a consultation. Let us help you turn the page to the next chapter in your immigration journey. At Kahlon Law Office, we are committed to supporting you through every step of the immigration process, ensuring your voice is heard, and your case is presented with the strength it deserves.

Procedural Fairness Letter

What are the common issues that trigger a procedural fairness letter?

How should you respond to a procedural fairness letter?

When should you request an extension of time to respond?

Case law on procedural fairness: What do the courts say?

How can Kahlon Law Office help you?

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