September 28, 2026

Procedural Fairness Letters: How to Respond to a Potential Inadmissibility

Posted by Katherine Berze - Bellissimo Law Group PC

You have been waiting for news about your immigration application when a letter arrives from Immigration, Refugees and Citizenship Canada (IRCC) stating that you “may be inadmissible” to Canada. This procedural fairness letter (PFL) is not a refusal. It is IRCC or the Canada Border Services Agency (CBSA) informing you of a concern and giving you an opportunity to respond before a final decision is made. PFL concerns often relate to potential inadmissibility findings under the Immigration and Refugee Protection Act (IRPA): misrepresentation, criminality, medical grounds, or security.

This post explains what a PFL is, why you may have received one, and what you can do to give your application the best chance.

  1. Why Officers Send Them – The Duty of Procedural Fairness

Officers owe applicants a duty of procedural fairness, and a PFL is how they discharge that duty. However, as the Supreme Court of Canada set out in Baker v. Canada (M.C.I), [1999] 2 SCR 817, the content of that duty varies with context.

In practice, the Federal Court has held that an applicant is generally entitled to notice and an opportunity to respond to:

  • Extrinsic evidence — information the officer obtained from outside the application, such as a police database, a site visit, a verification call, or another file.
  • Credibility concerns — doubts about whether documents are genuine or statements are true, as opposed to simple insufficiency of evidence.
  • Potential inadmissibility findings — especially misrepresentation under s. 40 of IRPA, given its serious consequences.

If an officer refuses your application without sending a PFL, it may be grounds for applying for judicial review in the Federal Court.

  1. The Most Common Reasons Raised in PFLs

PFLs fall into a handful of categories. Knowing which one you are facing tells you what the officer is concerned about, and therefore what your response must defeat.

The following inadmissibility grounds most often trigger a PFL:

  • Misrepresentation ( 40 of the Immigration and Refugee Protection Act).
  • Criminality / serious criminality ( 36)
  • Medical concerns ( 38)
  • Security, human rights, or organized criminality (s. 34 – 35, and 37)
  • Financial reasons ( 39)
  • Non-compliance ( 41)

Keep in mind that an Officer may identify other grounds for refusal, and each concerned outlined above requires a distinct, tailored approach.

  1. How To Respond

Before taking immediate action, examine the PFL to ensure the following elements are addressed:

  1. Find the deadline and record it immediately. Response windows can be as short as 7 or 10 days. The clock usually starts on the date the letter was sent, not the date you read it.
  1. Identify the precise concern. Is the officer alleging misrepresentation, challenging a document’s authenticity, or citing a criminal record?
  2. Address the exact concern. If the officer questions a concern or a document, focus on that in your letter and supporting documents.
  3. Send proof, not just explanations. Documents from other people or institutions, such as a letter from your employer with contract details, official court records, bank statements, and reports from your doctor, are much stronger than your explanation alone.
  4. Identify the evidence the officer relied on. Note every document, verification result, or database hit the officer mentions, and address each item in your response. Vague references from the officer (“information available to the office”) may justify a request for further disclosure.
  5. Draft a response that directly addresses the concern. Be honest in your letter and support your claims with evidence. If you believe the PFL is ambiguous about the concern, state this in writing. An officer who fails to disclose the substance of the concern may not have given you a meaningful opportunity to respond, which you may be able to use later if litigation becomes necessary.
  6. Think about including affidavits. Sworn statements from colleagues, clients, etc., could provide additional evidence to support your response.
  7. Use the proper channel to submit. Send your request through the same method specified in your PFL, such as via your IRCC secure account portal or the designated email address.
  8. Request your officer’s notes. You can request a copy of your officer’s notes on file (called “GCMS” notes) through an access to information request. These notes can show what the officer saw and why they are concerned. They can also help build a case for the future if you still receive a refusal.

Self-Check

If you have received a PFL, ask yourself:

  1. Do I know my exact deadline, and can I meet it?
  2. Do I understand what the officer is worried about?
  3. Can I explain what the officer is worried about?
  4. Does my response include documents that prove what I am saying?
  5. Is everything in my response consistent with my forms and any past applications I have made to Canada or to other countries?

If you answered “no” to any of these, your response may not be ready to send yet.

 Final Thoughts

A procedural fairness letter is serious; it is both a warning and an opportunity. It is often your last chance to address the officer’s concerns before a decision is made. If you received a PFL, speak with an immigration lawyer as early as possible, while you still have time to gather evidence and address the concern directly.

This post is intended for general informational purposes and does not constitute legal advice. Every case is different — if you have questions about your specific circumstances, feel free to book a consultation with our office.

Katherine Berze

Katherine graduated from the University of Ottawa's Common Law J.D. program after earning an Honours B.A. in Political Science from Queen's University.

During law school, she gained broad experience in immigration law through positions with a non-profit organization, a full-service law firm, and a boutique immigration firm. Her work has included conducting legal research on human trafficking, supporting a constitutional challenge advocating for migrant workers' rights, assisting with corporate immigration matters, and helping individuals facing criminal inadmissibility issues. Prior to joining Bellissimo Law Group, Katherine supported a local grassroots organization as a lawyer, gaining experience in the refugee determination process, judicial reviews, and appeals.

With several loved ones having immigrated to Canada, Katherine understands the significance of building a life in a new country. She is passionate about advocating for clients during major life transitions and making the immigration process as accessible as possible.

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