Response to fairness letter
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Yaya Marei
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A fairness letter is sent by a VO to an applicant stating that the applicant may not meet the requirements to immigrate. It can be sent if the VO has concerns about a health condition, documents the applicant submitted, or information in the application itself.
For example, if the concern is medical, Operational Bulletin 63 says the following:
PROCEDURAL FAIRNESS LETTER
Medical inadmissibility — Excessive demand on social services
INSERT LETTERHEAD
Our Ref.:
INSERT ADDRESS
Dear INSERT NAME:
This letter concerns your application for an immigrant visa [or: application for permanent residence in Canada]. Based on a review of your file, it appears that you or your family member may not meet the requirements for immigration to Canada.
I have determined that you/your family member, [name], are/is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $4,806.00 per year. Pursuant to subsection 38(1) [and pursuant to section 42 in the case of a family member] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
You/your family member, [name], have/has the following medical condition or diagnosis: Insert name of disease or condition and diagnosis from IMM 5365. In particular:
Insert narrative from IMM 5365 – excluding the list of social services required and cost implications.
In consultation with the Health Management Branch of Citizenship and Immigration Canada, I have determined that the following social services will be required:
Insert list of social services required, cost implications and period indicated by the medical officer from IMM 5365.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
The medical condition(s) identified
Social services required in Canada for the period indicated above
Your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.
You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that you/your family member will not place an excessive demand on social services, if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigration to Canada. The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Yours truly,
Officer
Essentially, the applicant is requested to provide additional information to address the specific concern the VO has indicated in the letter.
For example, if the concern is medical, Operational Bulletin 63 says the following:
PROCEDURAL FAIRNESS LETTER
Medical inadmissibility — Excessive demand on social services
INSERT LETTERHEAD
Our Ref.:
INSERT ADDRESS
Dear INSERT NAME:
This letter concerns your application for an immigrant visa [or: application for permanent residence in Canada]. Based on a review of your file, it appears that you or your family member may not meet the requirements for immigration to Canada.
I have determined that you/your family member, [name], are/is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $4,806.00 per year. Pursuant to subsection 38(1) [and pursuant to section 42 in the case of a family member] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
You/your family member, [name], have/has the following medical condition or diagnosis: Insert name of disease or condition and diagnosis from IMM 5365. In particular:
Insert narrative from IMM 5365 – excluding the list of social services required and cost implications.
In consultation with the Health Management Branch of Citizenship and Immigration Canada, I have determined that the following social services will be required:
Insert list of social services required, cost implications and period indicated by the medical officer from IMM 5365.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
The medical condition(s) identified
Social services required in Canada for the period indicated above
Your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.
You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that you/your family member will not place an excessive demand on social services, if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigration to Canada. The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Yours truly,
Officer
Essentially, the applicant is requested to provide additional information to address the specific concern the VO has indicated in the letter.
Hi Owblow,
As it was clarified before, I (actually my parents) got the fairness letter for " medical inadmissibility" and I responded on their behalf as they have already authorized me to respond.
It's a long story. But to make it short, I have consulted several lawyers who are experts in this field and I came to conclusion( again it's my personal opinion and situation) that they will charge a lot but there is no assurance. CIC can still reject the application. So I decided to do it myself. What I understood from them is that all I have to do is to negate there decision in terms of the medical condition that they are concerned. Obviously it has to be justified with medical documentation and with valid medical practitioner's opinion. All these were arranged by my father in India. Basically I tried to project that my father will not be an excessive demand to the Canadian health and economy.
All I can tell you that, I tried my best, rest is on God.
I am just curious, is this for your personal application or someone you sponsored.
Hope that helps.
PDG
As it was clarified before, I (actually my parents) got the fairness letter for " medical inadmissibility" and I responded on their behalf as they have already authorized me to respond.
It's a long story. But to make it short, I have consulted several lawyers who are experts in this field and I came to conclusion( again it's my personal opinion and situation) that they will charge a lot but there is no assurance. CIC can still reject the application. So I decided to do it myself. What I understood from them is that all I have to do is to negate there decision in terms of the medical condition that they are concerned. Obviously it has to be justified with medical documentation and with valid medical practitioner's opinion. All these were arranged by my father in India. Basically I tried to project that my father will not be an excessive demand to the Canadian health and economy.
All I can tell you that, I tried my best, rest is on God.
I am just curious, is this for your personal application or someone you sponsored.
Hope that helps.
PDG
Hi P
If you don't mind me asking, what medical condition did CIC flag as a concern and did your parents receive medical furtherance requests (specialist consultation requests) before they received the fairness letter?
Seems, a few people have received fairness letters lately, might be that time of the year.
Appreciate your response.
Best,
Nush
If you don't mind me asking, what medical condition did CIC flag as a concern and did your parents receive medical furtherance requests (specialist consultation requests) before they received the fairness letter?
Seems, a few people have received fairness letters lately, might be that time of the year.
Appreciate your response.
Best,
Nush