Inadmissibility and Procedural Fairness Letter

Inadmissibility refers to measures taken by Canadian authorities to restrict access or presence of certain individuals in Canadian territory. It can be temporary or permanent and is usually imposed for reasons of national security, criminality, or violation of Canadian immigration laws and regulations.

Here is a summary of the most common grounds for inadmissibility:

Inadmissibility for security reasons
  • Espionage;
  • Subversive actions (attempted coups, etc.);
  • Violence or terrorism;
  • Membership in an organization involved in human rights violations or international law violations, including:
    • War crimes;
    • Crimes against humanity;
  • Being a high-ranking official of a government that has committed human rights violations or is under international sanctions;
  • Having committed a crime, including driving under the influence of alcohol or drugs; and
  • Organized crime, including membership in an organization dedicated to criminal activities, human trafficking, or money laundering.
Inadmissibility for other reasons
  • Health reasons: Health condition that could pose a threat to public health or safety and/or risk of imposing an excessive burden on social or health services;
  • Financial reasons: Inability or refusal to provide for one's own needs and/or those of their family;
  • False statements: Providing false information or omitting information directly related to a decision made under the Immigration and Refugee Protection Act;
  • Failure to comply with provisions of the Immigration and Refugee Protection Act; and
  • Relationship with an inadmissible person.

It is important to note that inadmissibility is a serious measure that can have significant consequences for the individuals involved, including preventing them from traveling to Canada or applying for permanent residence or Canadian citizenship. Therefore, it is essential to understand Canada's immigration laws and regulations and comply with the conditions of admission and stay in the country.

Individuals subject to inadmissibility often have the opportunity to challenge the decision before Canadian courts. Giroux Canadian Immigration can assist you in this process.

Procedural Fairness Letter

If authorities identify an issue with your immigration application, they may issue a Procedural Fairness Letter (PFL). A PFL is a document issued by Immigration, Refugees, and Citizenship Canada (IRCC) as part of the immigration application review process. This letter is sent to applicants when IRCC identifies concerns or questions about their application.

The PFL should typically detail the nature of the authorities' concerns and reference applicable law, regulations, and policies. In the letter, authorities will describe specific concerns they have regarding your file and provide you with the opportunity to provide additional information and evidence to address these concerns.

Receiving a PFL should be taken very seriously. If you have received this letter, it is likely that IRCC is considering rejecting your immigration application. Your response will then be your only chance to present your arguments and convince IRCC to accept your application. A response that is insufficiently detailed and arguments that are unconvincing will likely result in the rejection of your application. In some cases, this rejection may be accompanied by a five-year ban before you can submit a new immigration application. Therefore, it is crucial to respond to the PFL with a very detailed response supported by strong and convincing arguments.

While it is not mandatory to retain the services of an immigration lawyer to respond to a PFL, it is highly recommended to do so. As explained earlier, the response to this letter will likely have decisive consequences for your immigration application. Furthermore, a convincing response requires an excellent understanding of immigration law and its complexity and nuances. Additionally, if you are not proficient in English or French, you may find it very difficult to understand your PFL - let alone respond to it.

For these reasons, it is strongly recommended to hire an immigration lawyer to respond to your PFL. Giroux Canadian Immigration is here to assist you.


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