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Procedural Fairness Letter for The Bangladeshi Applicants.

skyisthelimitbd

skyisthelimitbd

Star Member
Dec 7, 2020
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Recently few protected and convention refugees are getting PFL letter for inadmisibility reason after applying for PR.
One of my Bangladeshi mate got one and seek help from me. His condition is very much known to me, and as i have extencive knowledge on his issue ( due to my on going research), i helped him.
Lets see what will be the outcome, anybody who got PFL letter after applying for PR can join this thread.
 
albloshi_sa said:
What are the reasons on PFL?
Click to expand...
PFL affecting mostly those who had lost the case in first hearing and then won at the second ( appeal)
The immigration officer focused at the rejections reasons from the first hearing and make it an inadmissible ground.
 
skyisthelimitbd said:
PFL affecting mostly those who had lost the case in first hearing and then won at the second ( appeal)
The immigration officer focused at the rejections reasons from the first hearing and make it an inadmissible ground.
Click to expand...
Thats not ground for PFL. Usually there is time window to appeal by the Minister
 
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skyisthelimitbd said:
Recently few protected and convention refugees are getting PFL letter for inadmisibility reason after applying for PR.
One of my Bangladeshi mate got one and seek help from me. His condition is very much known to me, and as i have extencive knowledge on his issue ( due to my on going research), i helped him.
Lets see what will be the outcome, anybody who got PFL letter after applying for PR can join this thread.
Click to expand...
Thats quite strange. What reason do the PFL letters state for inadmissibility ? Misrepresentation?

Also, at what part of the PR process did these people receive the letter?
 
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immigration321 said:
Thats quite strange. What reason do the PFL letters state for inadmissibility ? Misrepresentation?

Also, at what part of the PR process did these people receive the letter?
Click to expand...
This is basically affects those who had lost the case in first phase and won in second.
The immigration officer counts the reasons from the first phase for inadmissibility.
Misrepresentation is a different issue. Its answer is very straight, yes or no, or prove it.

But inadmissibility reasons are quite complex, sometimes lawyers wrote more than 100 pages of explanations.
 
skyisthelimitbd said:
This is basically affects those who had lost the case in first phase and won in second.
The immigration officer counts the reasons from the first phase for inadmissibility.
Misrepresentation is a different issue. Its answer is very straight, yes or no, or prove it.

But inadmissibility reasons are quite complex, sometimes lawyers wrote more than 100 pages of explanations.
Click to expand...
Might be a new thing they are introducing (thoroughly checking claims again before granting PR)

Were a lot of these appeals accepted by the same member (from Appeal division) during hearing by any chance?
 
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immigration321 said:
Might be a new thing they are introducing (thoroughly checking claims again before granting PR)

Were a lot of these appeals accepted by the same member (from Appeal division) during hearing by any chance?
Click to expand...
Not Likely.
This is happening is different provinces.so far i can remember, saw a poster in this forum, he/she was asked to drop the PR application and seek HR for PR pathway. Didnt saw his/her last update but this is quite frustrating for any applicant. They shouldnt judge a thing twice once a decision has been made
 
skyisthelimitbd said:
Not Likely.
This is happening is different provinces.so far i can remember, saw a poster in this forum, he/she was asked to drop the PR application and seek HR for PR pathway. Didnt saw his/her last update but this is quite frustrating for any applicant. They shouldnt judge a thing twice once a decision has been made
Click to expand...

I'm sorry, but your posts are confusing and difficult to understand.

If someone has received a PFL for inadmissibility, the reasons for that should be very clear. As others have asked, what was the reason for the inadmissibility? It's still not at all clear.

I'm not sure what you mean by HR for PR pathway. Do you mean H&C? Or TR to PR?
 
scylla said:
I'm sorry, but your posts are confusing and difficult to understand.

If someone has received a PFL for inadmissibility, the reasons for that should be very clear. As others have asked, what was the reason for the inadmissibility? It's still not at all clear.

I'm not sure what you mean by HR for PR pathway. Do you mean H&C? Or TR to PR?
Click to expand...
01) Giving You example
some one lost a case after his first Hearing , reason might be Credibility/IFA or any other reasons. He won the case on his appeal.
02) After applying for PR ,in his processing period the immigration officer may declar him as inadmissible (with a brief letter) under many reasons according to the persons loosing reasons from the first hearing . Here is the law for declaring inadmissibility :
https://laws.justice.gc.ca/eng/acts/i-2.5/page-6.html
03) Yes , H&C pathway for PR . ( I made a Typo)
 
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Its weird. There is a decision. How come IRCC officer can do that? Let’s say they did not approve the pr. What’s going to happen? The person will live without pr? As a convention refugee/protected person do we have to apply for pr or if the person wants they can just live without pr forever?
 
Canadian_rainbow said:
Its weird. There is a decision. How come IRCC officer can do that? Let’s say they did not approve the pr. What’s going to happen? The person will live without pr? As a convention refugee/protected person do we have to apply for pr or if the person wants they can just live without pr forever?
Click to expand...

So far my understanding is , IRB has the only rights to declare you if you need protection or not . Its a Yes NO scenario .
But to give PR status is a sole responcibility of an Immigration Officer. They can deny your application on various ground.
Yes , their decision can be challenged in court but isnt it a new hassle for a protected person or a convention refugee ?

At least i have heard one case ( In this forum) where PR applicant was told to withdraw his PR application and apply for H&C at a specific H &C office ( Montreal probably ).

I think there is a glitch between Protected Person and PR status . Protection is a 'right' but PR is an 'Achievement'.

You can live in this country as a protected person or a convention refugee as long as you wish but according to the law this status is also ceaseable.
 
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Canadian_rainbow said:
Its weird. There is a decision. How come IRCC officer can do that? Let’s say they did not approve the pr. What’s going to happen? The person will live without pr? As a convention refugee/protected person do we have to apply for pr or if the person wants they can just live without pr forever?
Click to expand...

There are situation wheee you can be denied asylum and PR based on H&C but come from a country that Canada doesn’t deport people to. You end up in limbo with no ability to work and no status but not willing to go home and Canada won’t/can’t force you to go home. People can get stuck in this position for decades and it becomes extremely difficult to live. There isn’t a large number of people who are affected but it exists
 
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