IRCC Refusal or Procedural Fairness Letter: What to Do Next

Opening an email from IRCC and seeing the word "refused" or "procedural fairness" can be frightening. The two are different, and what you do in the next days can matter. This guide explains the difference, the options after a refusal, and the short deadlines that apply. It is general information, not advice about your file.

A procedural fairness letter is not a refusal

A procedural fairness letter (PFL) is a notice that an officer has a concern and may refuse the application unless the concern is answered. Common concerns include inconsistencies in the application, questions about documents, doubts about eligibility, possible inadmissibility, or possible misrepresentation. The letter sets the deadline and tells you what to address. Read it carefully and respond in writing, with documents, before the deadline. Ignoring it, or answering only part of it, can lead to a refusal. See our page on procedural fairness letters, and our page on what to do after a visa or permit refusal.

Misrepresentation: the most serious concern

Section 40(1)(a) of the Immigration and Refugee Protection Act makes a person inadmissible 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. Under section 40(2)(a), the person remains inadmissible for five years, counted from a final determination if it was made outside Canada, or from the date the removal order is enforced if the determination was made in Canada. Section 40(3) says a foreign national who is inadmissible under this section may not apply for permanent resident status during that period. An inadmissible person also cannot meet the requirements for a temporary resident visa, which require that the person is not inadmissible (Regulations, s. 179). If you receive a PFL about misrepresentation, get advice before you respond. See misrepresentation in Canadian immigration.

What a refusal usually means

For temporary resident visas, an officer must issue the visa if, among other requirements, it is established that the person will leave Canada by the end of the authorized stay and is not inadmissible (Regulations, s. 179). For study permits, the officer must also be satisfied that the person has been accepted at a designated learning institution and meets the other requirements (s. 216). Refusals often say the officer was not satisfied about one of these. The refusal letter may give only a short reason.

Your options after a refusal

1. Reapply. Often the most practical option. A new application should respond to the reasons for the refusal with new or better evidence, and it must disclose the earlier refusal.
2. Ask for the officer's notes. Applicants can request the file notes, which sometimes explain the reasons more fully, through an access to information request.
3. Ask IRCC to reconsider. There is no formal right to this. It is informal and not always successful, and it does not stop the court deadline.
4. Apply to the Federal Court. You can apply for leave to commence judicial review. The court reviews whether the decision was lawful and reasonable. It does not make a new decision, and if it sets the decision aside the matter is usually sent back to be decided again.
5. Appeal, where available. Some decisions have a right of appeal to the Immigration Appeal Division, for example a sponsor whose family class application was refused (section 63(1)), subject to the exceptions in section 64, including for some inadmissibility findings and for misrepresentation unless the person is the sponsor's spouse, common-law partner or child. Visitor visas, study permits and work permits are not in that category.

The short deadline for judicial review

Under section 72(2)(b) of the Act, an application for leave must be filed within 15 days for a matter arising in Canada, or within 60 days for a matter arising outside Canada, after you are notified of or become aware of the decision. A judge can allow more time only for special reasons. Because these deadlines can pass quickly, anyone thinking about judicial review should get advice immediately. Representation before the Federal Court is by a lawyer.

Mistakes to avoid

• Missing the deadline in a PFL or letter.
• Submitting documents you cannot verify, or any document that is false or altered.
• Leaving out a previous refusal or other facts in a new application.
• Reapplying quickly without addressing the reasons.
• Assuming a refusal means you can never come to Canada.

Talk to us

We review refusals and procedural fairness letters from our Mississauga office, in English, Urdu, Hindi and Punjabi. Bring the refusal or letter and its deadline. See our immigration law page, inadmissibility to Canada, book a consultation, or call (289) 652-0529.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.