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Procedural Fairness Letter, need help to answer

zapoot

Newbie
Nov 10, 2019
8
0
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).
I understand it is a mistake by my side. But I unintentionally did not mention the refusal. Otherwise, I would hide all refusals especially I have a new passport now. The US embassy should have written down a reference on my passport so I can get back to otherwise anyone can forget something that happened 8 or more years ago. Is there anything that can help me with my situation and I can mention?
 

Buletruck

VIP Member
May 18, 2015
6,681
2,529
I understand it is a mistake by my side. But I unintentionally did not mention the refusal. Otherwise, I would hide all refusals especially I have a new passport now. The US embassy should have written down a reference on my passport so I can get back to otherwise anyone can forget something that happened 8 or more years ago. Is there anything that can help me with my situation and I can mention?
Impossible to say. Generally when a PFL is issued, IRCC has done the background work to support the decision, so it's difficult to overcome. There is nothing preventing you from responding, but I would certainly consider engaging a very competent lawyer, familiar with PFL's, to respond to IRCC. It's your only opportunity to have the decision overturned.
The fact you say it was unintentional is irrelevant. The law is clear and the onus is on you to provide all relevant information.

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;
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html
 
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