The rule of procedural fairness requires an applicant to be provided with an opportunity to respond to concerns about their application. It is a legal requirement that an applicant be advised of significant facts that are likely to affect the outcome of their application. Immigration Refugees and Citizenship Canada (IRCC) in adhering to this rule, sometimes issues Procedural Fairness Letters, which sets out the concerns that have arisen during the officer’s assessment of the application, and further provides the applicant with an opportunity to respond to same. Where a person believes that this right was not observed, the decision may be appealed or challenged by way of Judicial Review.

 

Usually, these letters are issued where an officer has concerns regarding the truthfulness of information provided. For instance, one of the most common reasons for issuing a procedural fairness letter is the appearance of misrepresentation.  This is where it is suspected that the applicant has directly or indirectly provided information that is false, inaccurate, or misleading that induces an error in the administration of the Immigration Refugees and Protection Act (IRPA). A procedural fairness letter is usually issued to the applicant outlining the concerns for which a response must be provided, usually within 30 days. This grave finding may result in the applicant being barred from entering Canada for (5) years so it is imperative that the response is sufficiently detailed and thoroughly addresses the concerns of the officer, including potential concerns that have not been identified.