Procedural Fairness Letter - Indicating criminal charges that doesn't exist?

[popsicles01]

Hello,

This week I received an update on my PR application (Quebec-selected skilled workers program) that their records are indicating criminal charges on or around a specific date (about 3 years ago), that wasn't disclosed in my application, in response to the question;

"Have you or, any of your family members listed in this application, ever: [...] been convicted of or are currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any other country or territory"

I have no criminal record in the two countries that I'm a citizen of (which was proven in a police record that was part of my original application), nor do I have a criminal record in Canada. I've spoken to my family this week - my mother, father and sister, that are all as confused as I am as to why this was flagged. I am currently in Canada, and my application for PR only concerns me. However, they have all now ordered their own individual police registers to their respective homes, that we're currently waiting for. They are all stating that there hasn't been anything that has happened, or that they have anything to report on their records.

The letter asks me to "Please provide an explanation for this omission, and clarify the events leading to the charges. Please also provide information on the outcomes.", which I feel unable to do, since there isn't anything that either of us know of!?

I also don't understand why this is getting flagged, since my PR application only concerns me, and does not include any of my family members joining me to stay in Canada.

I have been in contact with IRCC over the phone, but apparently, my application is being processed abroad at the Embassy of Canada in France, and IRCC are therefore unable to help me with my file. The embassy does not have a phone line, but can only be communicated via the IRCC web form, which I've filled out, where I've asked for more information as regards to who these alleged criminal charges are linked to, and where said activities would have taken place.

What happens if all their police registers come back blank? What do I do then? It's impossible to know what agency to speak to, in order to get more information, if I don't know where to look. Someone told me that "family" in this case would only be children, a spouse or common law partner, which I don't have, and that the criminal charges or whatever that exists in their record, would indeed be in my name. But since I don't have a record, I wonder if there are other places that I need to look, where things could be in my name? An outstanding parking ticket? I highly doubt that I would have even that...

I'm incredibly confused, frustrated and scared about this development in my application - and frankly don't know how to proceed as a response to the IRCC. Any input, ideas or words of encouragement are greatly appreciated. Thank you kindly!

 

[Naturgrl]

Get a a lawyer to guide you.

 

[armoured]

I don't have much to suggest apart from get a lawyer, but some suggestions:
-order updated (new) police certificates for yourself immediately, for every country that you can think of as an issue (obviously France, another if you have relevant).
-Is there a way to get an EU-wide search done? Idk but I'd find out about that as well.
-Order your gcms notes (I'd do both IRCC and CBSA*) - this may not provide much and/or the parts that show this may be 'blacked out' (under exemptions for security/police eg 'methods.') But it might give you something and any lawyer will want this anyway, even if only to rule things out.

Now note, the PFLs usually have a timeframe, and the above may not come in time.

-BTW if you have no other family members on your app (spouse, children, dependents) then you can probably/mostly ignore the 'family members' language - that's just boilerplate. (There is a /very small/ chance I should think that they think there's a family member not disclosed or something - eg if you had divorced and they missed that).

It's also possible this could just be a mistaken identity / false name hit. More likely obviously if you have a very common name, and sometimes transliteration errors from other languages can creep in.

* Why order from both? Sometimes IRCC and CBSA have different levels/tolerances for what they exempt from the disclosure, or leave spare words or references in that provide some info - i.e. I've done one for which CBSA left more info in compred to IRCC and helped a wee bit. It's a long shot but could be useful.