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Procedural fairness letter - What it is and Why it is important. How to respond to a procedural fairness letter.

A procedural fairness letter, also known as a right to be heard letter, is an important document issued by Immigration, Refugees and Citizenship Canada (IRCC). It is sent to applicants who are undergoing an immigration process, informing them of their rights to be treated fairly and given the opportunity to make their case. This letter is crucial for ensuring that all applicants have the opportunity to make a fair and equitable case for their application.

Canada Immigration and Visa

Dec 29, 2022

What is a procedural fairness letter?

A procedural fairness letter is an email or letter sent electronically by an immigration officer. It is sent to allow a visa candidate the opportunity to respond to a concern about the documents that have been submitted in their visa application. The letter will inform the applicant of any concerns the immigration officer has and provide them with the chance to submit additional evidence or clarify any information before the visa decision is made. This process is known as procedural fairness and is designed to ensure that applicants are given the right to be heard and considered fairly before a decision is made.

Why is a procedural fairness letter important?

A procedural fairness letter is an important communication tool used by Immigration, Refugees and Citizenship Canada (IRCC). It is sent to applicants when an officer detects an issue that may lead to a refusal but deems it necessary to put the applicant on notice of this specific concern. By providing a procedural fairness letter, IRCC is ensuring that all applicants are given an opportunity to explain their case, as well as to provide additional information or documents that could support their application. A procedural fairness letter is a crucial step in ensuring that the immigration process is fair and transparent for all applicants.

How to respond to a procedural fairness letter?

Responding to a procedural fairness letter is essential for any application for immigration to Canada. The officer may give a specific amount of time, such as seven days or 30 days, to respond to the letter. It is important to take full advantage of this opportunity to address the officer’s concerns. A properly composed response, which cites relevant laws and case precedents, and is supported by evidence, may help prevent the application from being refused. It may also increase the chances of success if an applicant seeks redress in venues such as the Federal Court.

Therefore, it is highly recommended to obtain advice from a qualified immigration professional in Canada before writing and responding to a procedural fairness letter. This will ensure that applicants provide an effective response that meets all the requirements of the Canadian immigration process.

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