Understanding Procedural Fairness letters
This blog post explains the serious implications of receiving a Procedural Fairness Letter (PFL) indicating inadmissibility under IRPA s.40(1) for misrepresentation. Learn what it means, the potential consequences—including a ban from Canada for up to 5 years—and why professional help is essential to protect your immigration future.
4/7/20252 min read
Understanding Procedural Fairness Letters and Inadmissibility Under IRPA s.40(1)
Have you ever wondered what happens if you receive a Procedural Fairness Letter (PFL) indicating that you’ve been found inadmissible under section 40(1) of the Immigration and Refugee Protection Act (IRPA)? If so, it’s important to understand the seriousness of this situation and why immediate professional help is crucial.
What Is a Procedural Fairness Letter (PFL)?
A PFL is a letter sent by IRCC (Immigration, Refugees and Citizenship Canada) when there are concerns that could lead to the refusal of your application. It's your opportunity to respond to allegations or concerns before a final decision is made. Receiving one means the officer is giving you a chance to explain or clarify the issue.
What Is IRPA Section 40(1)?
Section 40(1) deals with misrepresentation, which occurs when an applicant provides false information, withholds material facts, or submits fraudulent documents—knowingly or unknowingly. Misrepresentation can relate to your personal background, family relationships, prior immigration history, or any part of your application.
Even if the error was unintentional, the law considers it a serious offence.
The Consequences Are Severe
If you're found inadmissible under s.40(1), you could face a ban from entering Canada for 5 years, and in some cases, the ban may be shorter—a minimum of 3 years—depending on the context. This ban applies to all types of applications, including temporary and permanent residence. It can also impact your ability to apply in the future or maintain any status you may already have in Canada.
Why You Need Professional Assistance Immediately
Responding to a PFL—especially for a s.40(1) finding—is not something to take lightly. The response must be thorough, well-supported with evidence, and strategically prepared. Many individuals attempt to respond on their own, only to have their application refused due to poorly framed explanations or missing documentation.
An experienced immigration consultant or lawyer can help you:
Understand the specific allegation against you
Gather and present evidence to support your case
Draft a strong and persuasive response
Navigate the legal complexities of IRPA
Don’t Risk Your Future in Canada
If you’ve received a Procedural Fairness Letter related to IRPA s.40(1), time is of the essence. You have a limited window to respond, and failure to act properly could result in long-term consequences for your immigration future.
At Dawod Immigration, we have the knowledge and experience to handle serious cases of inadmissibility and misrepresentation. We’ll work with you to build a strong response and give you the best chance at resolving the issue.
Contact us today for immediate assistance—your future in Canada could depend on it.