By Canadian Immigration Lawyer, Laura Schemitsch.
Heron Law Offices recently assisted a client who received a Procedural Fairness Letter (PFL) related to allegations of misrepresentation. Under section 40(1)(a) of the Immigration and Refugee Protection Act, a permanent resident or a foreign national is inadmissible for misrepresentation 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 the Act.
Essentially, a permanent resident or foreign national can be inadmissible for misrepresentation for knowingly providing false information and even making an “innocent mistake” on an immigration application. Misrepresentation often occurs when applicants make simple mistakes on their application forms or submit incorrect/false documents in support of an application. Unfortunately, misrepresentation poses serious consequences including a potential 5-year ban from Canada.
Our client had been invited to apply for and had submitted an application for permanent residence through Express Entry, self-represented. During the final stages of processing, our client received a Procedural Fairness Letter (PFL) outlining the officer’s concerns regarding their failure to disclose a past visa refusal in their application. Upon consulting with HLO, we helped our client submit an extension of time request and developed a strategy to alleviate the Officer’s concerns through our written response. In less than one month, our client received instructions to continue with the PR landing process.
Many applicants choose to hire an immigration lawyer at the outset of their immigration application process to help eliminate common mistakes made by self-represented applicants that can lead to serious issues such as a misrepresentation PFL. However, if you receive a PFL during the process and need advice, HLO can help you write a clear response in an effort to clarify any mistakes or omissions made to avoid the serious consequences of a misrepresentation finding.
