Procedural Fairness - PFLs sent AFTER misrepresentation ban imposed? Need help!

[bartofthestreets]

Procedural Fairness - PFLs sent AFTER misrepresentation ban imposed? Need help!

Background:

• Dec 14: CBSA opens A44 investigation
• ~Dec 28: Minister's Delegate accepts A44 report → Misrep finding + removal order issued
• Jan 7: I depart Canada (CBSA-supervised voluntary departure) → 5yr s.40(2) clock starts
• Jan 22-29: PFLs arrive AFTER I've already left

The Problem:

• Decision made Dec 28 BEFORE PFLs sent
• No opportunity to respond before MD exercised s.44(2) authority
• PFLs meaningless - already removed when they arrived

Questions for community:

1. Is this clear procedural fairness breach? Can original misrep finding be set aside?
2. Can I challenge MD decision now (6+ years later)?
3. Precedent where PFL sent after A44 decision = decision void?

Docs available:

• GCMS showing A44 Dec 14 + "Left Before Hearing"
• CBSA privacy request mentioning PFLs Jan 22/29
• Full timeline reconstructed

Has anyone seen PFLs sent AFTER MD decision?

 

[armoured]

1. Can I challenge MD decision now (6+ years later)?

First, I don't think anyone is going to be able to tell you much in response except for an actual lawyer.

And the first question I would give them is - leaving aside other aspects of this decision (i.e. for the moment ignore the chances of success just on the substantive question), would an appeal of ANY ban/removal (incl voluntary) be possible if six years have passed?

I.e. if all appeals are barred after some period of time (eg one year?), then pointless to get into deep details on the merits of the case.