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Procedural Fairness Letter, need help to answer

zapoot

Newbie
Nov 10, 2019
8
0
Dear All,

Last Thursday, I got the Procedural Fairness Letter and need help to reply. I forgot to write down that I was rejected by the US 8 years ago as I don't have any references for that and I completely forgot. However, I was rejected by the UK embassy in 2013 and I included this. I had a valid visa for Canada before for 4 years. Could you please help me to respond to this letter and it would be great if anyone has a template or send a similar letter before. If anyone has been through this, could you let me know the result?

Kind regards.


This refers to your application for a temporary resident visa.
Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for issuance of a temporary resident visa.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.
Specifically, I have concerns that you have failed to disclose adverse immigration information from other countries such as visa refusals.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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 this Act
40(2) The following provisions govern subsection (1):
(a)the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
40(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this communication to submit additional information in this regard.
If you do not respond to this request within 10 days, your application will be assessed based on the information currently on file.
Sincerely, Embassy of Canada Visa Section
 

k.h.p.

VIP Member
Mar 1, 2019
8,181
1,873
Canada
Is it that you forgot or that you didn't have any references for it?

Unfortunately you can mostly hope to not be banned, by responding apologetically and admitting fully to the refusal. Canada and the US share visa information and a refusal in the US will always be known to Canada.
 

zapoot

Newbie
Nov 10, 2019
8
0
Is it that you forgot or that you didn't have any references for it?

Unfortunately you can mostly hope to not be banned, by responding apologetically and admitting fully to the refusal. Canada and the US share visa information and a refusal in the US will always be known to Canada.
I don't have any references and that is why I forgot to include it
 

Aady07

Hero Member
Jul 16, 2019
313
57
I don't have any references and that is why I forgot to include it
Your passport's third last page will have the summary of US visa rejection. Rather tell them that it skipped your mind and wasn't intentional as you've already mentioned the other rejection.
 

Arashm0049

Star Member
Sep 16, 2019
93
3
Iran
Category........
PNP
Visa Office......
Paris
NOC Code......
2131 oid
Doc's Request.
Cv, military exemption card
Nomination.....
11 feb 2019
AOR Received.
06 may 2019
IELTS Request
No
Med's Request
14 sep 2019
Med's Done....
20 sep 2019
Interview........
No
Dear All,

Last Thursday, I got the Procedural Fairness Letter and need help to reply. I forgot to write down that I was rejected by the US 8 years ago as I don't have any references for that and I completely forgot. However, I was rejected by the UK embassy in 2013 and I included this. I had a valid visa for Canada before for 4 years. Could you please help me to respond to this letter and it would be great if anyone has a template or send a similar letter before. If anyone has been through this, could you let me know the result?

Kind regards.


This refers to your application for a temporary resident visa.
Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for issuance of a temporary resident visa.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonable requires.
Specifically, I have concerns that you have failed to disclose adverse immigration information from other countries such as visa refusals.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) 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 this Act
40(2) The following provisions govern subsection (1):
(a)the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
40(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this communication to submit additional information in this regard.
If you do not respond to this request within 10 days, your application will be assessed based on the information currently on file.
Sincerely, Embassy of Canada Visa Section
What method have you applied now? Are you planning to go to canada as a tourist?
 

zapoot

Newbie
Nov 10, 2019
8
0
Your passport's third last page will have the summary of US visa rejection. Rather tell them that it skipped your mind and wasn't intentional as you've already mentioned the other rejection.
nope there is nothing on my passport - i checked from front to back... that it is what im gonna say which is actually the truth
 

Buletruck

VIP Member
May 18, 2015
5,950
2,087
So based on your original post, did you note both refusals (US in 2011 and UK in 2013) on your first application for a TRV?
 

Buletruck

VIP Member
May 18, 2015
5,950
2,087
So you have failed to include the refusal when you applied the first time you received your TRV and again for a second time. A simple "I forgot" probably won't help you avoid a ban. They will look at it as you have failed to disclose the information relevant to making decision on your application, not once, but twice.
 
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zapoot

Newbie
Nov 10, 2019
8
0
So you have failed to include the refusal when you applied the first time you received your TRV and again for a second time. A simple "I forgot" probably won't help you avoid a ban. They will look at it as you have failed to disclose the information relevant to making decision on your application, not once, but twice.
But I honestly forgot to include it and I am not even sure if I applied in 2010, 2011 or 2012. I applied to France, Spain twice and Italy once and I forgot to mention it and I consistently mention the uk refusal as it is on my passport. How long should I keep mentioning my visa refusal?
 

Buletruck

VIP Member
May 18, 2015
5,950
2,087
You have to mention them every time you apply...….failure to mention on an application (a legal document) when it asks (and it doesn't specify a time limit) is misrepresentation. That's why you received a PFL. If you had mentioned the US refusal this time, I doubt a PFL would have been issued (as long as you disclose before IRCC finds out, they seem to give you a pass).