Procedural Fairness Letter and Success Stories

In the Canadian legal system, providing the applicant with a fair opportunity to participate (i.e., an opportunity to further explain their situation) is a very important legal concept. In terms of immigration law, whether the applicant has a chance for further explanation depends on many factors, such as: the category of application (visit/study/work, or permanent resident application), the content in question, the impact of the refusal on the applicant, etc. This is a relatively complex legal concept, which I will not elaborate on here. You can understand this as a challenge letter. Simply put, as a permanent resident applicant, Mr. A has an opportunity to explain in this situation.

Receiving a Procedural Fairness Letter (PFL) from the immigration department is a very tricky situation. Generally speaking, these are serious issues. The immigration department, in accordance with the procedure, gives the applicant an opportunity to explain. If the explanation is not sufficient or cannot convince the immigration department, the application will be rejected. Generally speaking, most people who receive a PFL see a bleak future and failure is in sight. There are successes, but they are very few. The letter received by Mr. A is a Procedural Fairness Letter (PFL).

Two years ago, Mr. A applied for skilled immigration to a province in Canada with the help of a domestic agency.

· Mr. A divorced a few years ago, has a 7-year-old child, the custody belongs to his ex-wife and has always lived with his ex-wife, and the relationship between Mr. A and his ex-wife is as incompatible as fire and water.

· The agency told Mr. A not to mention that he has a child when submitting application materials. Mr. A complied, but then Mr. A did not want to hide from the immigration office and provided additional information about the child;

· The immigration office sent a letter requiring Mr. A’s daughter to have a medical examination. Mr. A explained that his daughter would not go to Canada, but the immigration office still required his daughter to have a medical examination;

· Mr. A communicated with his ex-wife many times asking her to agree to the daughter’s medical examination, but his ex-wife firmly refused, and Mr. A was unable to submit the child’s medical certificate;

· Mr. A wrote a letter to the immigration office himself, explaining the situation and providing divorce agreements, etc., and requested to waive the requirement for the child’s medical examination;

· Subsequently, Mr. A received a procedural fairness letter from the Canadian Immigration Office, which is also the final notice: requiring the submission of a child’s medical certificate within 30 days, otherwise the immigration application will be rejected.

A Success Stories After Procedural Fairness Letter

We often liken immigration regulations to a grand architectural blueprint. The complex and closely related macro framework design is equivalent to the spirit of immigration law and various basic regulations, and the details reflect the designer’s specific considerations at multiple levels. For professionals, we must be able to understand the framework of immigration law as a whole, we must see through, peel off, and digest this layer by layer relationship in order to walk out of the labyrinth; at the same time, we must be very familiar with every detail.

I firmly remember the words of the professor in the first class: To study immigration law, one must master the rule, exceptions, and exceptions to exceptions. The professor also specifically warned us that when studying regulations, we must read word by word and sentence by sentence, because every word is put up after careful deliberation, and it all has meaning. To study immigration law, these two basic skills must be practiced. Following this principle, I have walked all the way to today, and my experience is completely different: the design of this regulation is too exquisite and too interesting. Without exaggeration, when my peers and I discuss issues, I can quote the regulations at any time and tell them specifically which section it is. I often say that regulations are my “Bible”. Whenever there is a problem, I always turn to regulations, and there are definitely answers in the regulations. The key is whether you can find it and whether you understand the meaning thoroughly.

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An interesting aspect of immigration law is that, because Canadian law is common law, the outcome of every court case automatically becomes part of the regulations. Because regulations cannot cover (foresee) all situations, and some wording is relatively vague, different understandings can arise. In this case, everyone can only go to the Federal Court to resolve disputes, and the resulting court rulings become the authoritative interpretation of the dispute point and become part of the regulations. Similar problems in the future will follow this court precedent to resolve. However, court precedents are not immutable, and there is also the possibility that other judges will make different interpretations of similar situations in the future. In other words, immigration law is a constantly developing and changing organism. For industry insiders, if you don’t look at the precedents and don’t understand the precedents, you will be at a loss when you encounter difficult and complicated problems and don’t know how to solve them.

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