Procedural Fairness Letters from IRCC: What They Mean and How to Respond

What a procedural fairness letter is

Canadian administrative law requires that a person be given a chance to respond to concerns before a decision that affects them is made. A PFL is how IRCC does that. It sets out the concern, often in a few paragraphs, and gives a deadline, often set by the officer based on the concern. The letter does not decide anything. It is the stage before a decision.

Common reasons for a PFL

• Possible misrepresentation: inconsistent information, doubts about documents, or something left out of a form.
• Eligibility questions: work experience, education, funds, language results or relationship evidence.
• Possible medical inadmissibility, including excessive demand. See <a href="/inadmissible/medical-inadmissibility">medical inadmissibility</a>.
• Possible criminal inadmissibility. See <a href="/inadmissible/criminal-inadmissibility">criminal inadmissibility</a>.
• Incomplete, contradictory or unclear documents.

Why misrepresentation letters are the most serious

Section 40(1)(a) of the Immigration and Refugee Protection Act makes a person inadmissible for directly or indirectly misrepresenting or withholding material facts that induce 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 it was made in Canada. Section 40(3) bars a foreign national from applying for permanent resident status in that period, and an inadmissible person generally cannot qualify for a temporary resident visa either. See misrepresentation.

How to write a strong response

• Open with a short summary that identifies the letter, the file number and each concern you are answering.
• Answer each concern in order, with facts, dates and documents. Use plain language.
• Include supporting evidence. For example: bank statements, employer letters, school records, medical reports, police certificates, or sworn statements from you or others who know the facts.
• If there was an error, explain what happened, when you learned about it, and how it will be corrected. Do not guess or speculate.
• If a document is not available, explain why and offer an alternative.
• Keep the response consistent with your original application and your other applications. Inconsistencies create new concerns.
• Submit before the deadline and keep proof of submission.

Can you ask for more time?

You can ask IRCC for more time, and officers sometimes agree where there is a good reason, such as documents that must come from another country. But a request is not a guarantee. Ask early, explain clearly why more time is needed, and keep working on the response while you wait for the answer.

After you respond

The officer will review your response and decide the application. Possible outcomes include approval, refusal, or a request for more information. If the application is refused, the reasons usually explain what the officer found. The next steps depend on the type of application and the reasons. See what to do after a visa or permit refusal and our guide to IRCC refusals and procedural fairness letters.

Under section 72(2)(b) of the Act, an application to the Federal Court for leave to commence judicial review must be filed within 15 days for a matter arising in Canada or within 60 days for a matter arising outside Canada. A judge can allow more time only for special reasons.

Mistakes to avoid

• Missing the deadline or answering only part of the letter.
• Submitting new documents without checking that they are accurate and consistent.
• Using a template response that does not address the specific concern.
• Contacting the officer or posting about the case in a way that creates new inconsistencies.
• Waiting to get advice until after you respond.

How we can help

We read the letter and the full file, identify the real concern, advise on evidence, prepare the response, and meet the deadline. If a refusal follows, we explain the options and act in Federal Court where appropriate. We meet clients in English, Urdu, Hindi and Punjabi. We cannot promise that IRCC will accept a response.