By Laura Schemitsch, Canadian Immigration and Refugee Lawyer, Heron Law Offices
Responding to an IRCC Procedural Fairness Letter (PFL)
Heron Law Offices was recently retained to respond to a serious procedural fairness letter (“PFL”) issued to our client, who had initially submitted their study permit extension application by self-representation.
International Student Facing Study Permit Compliance Issues
Our client, a young post-secondary international student, also responded to request letters following the submission of their study permit extension application, self-represented, and came to us following receipt of the PFL.
Officer’s Determination Under IRPR and IRPA
The Officer had determined, on a balance of probabilities, that this international student had not complied with the conditions of their study permit per subsection 220.1(1) of the Immigration and Refugee Protection Regulations and the conditions of a temporary resident under subsection 29(2) of the Immigration and Refugee Protection Act (“IRPA”). The Officer based this determination on the fact that, although the student had enrolled and completed their most recent academic year, the student had not enrolled nor completed the prior academic year in a designated learning institution (“DLI”), despite remaining in Canada.
Potential Consequences: Inadmissibility and Removal Order
Under subsection 41(a) of the IRPA, a foreign national is inadmissible for non-compliance. Under subsection 44(1) of the IRPA, an officer may prepare an inadmissibility report to be sent to the Minister. If the Minister is of the opinion that the report is well-founded, the Minister may issue a removal order for foreign nationals.
Our Response to Prevent a s. 44(1) Report
In this case, the Officer provided an opportunity for our client to provide submissions as to why a s. 44(1) report should not be issued. After helping our client submit an extension request, we prepared a detailed PFL response package with submissions requesting that the Officer not write a s. 44(1) report against our client under the circumstances, which we argued included a temporary period of destituteness.
Successful Outcome for the International Student
Three months following the submission of our response, our client was informed that no further action would be taken, and as a result, they can complete their post-secondary study program in Canada.
Importance of Legal Guidance in PFL and Study Permit Compliance Cases
Given the serious nature of this PFL, potential outcome (removal from Canada), and complexity of this area of immigration law and policy (assessing study permit conditions/compliance), our client benefited from our guidance throughout the process to achieve their intended outcome.
To discuss your immigration matter further, contact laura@heronlaw.ca or info@heronlaw.ca today for a consultation.
