Inadmissibility and Procedural Fairness Letter
Receiving a notice of inadmissibility to Canada must be taken very seriously. If this applies to you, we recommend seeking professional assistance immediately.
Inadmissibility
Inadmissibility refers to the measures taken by Canadian authorities to restrict certain individuals from entering or remaining in Canada. The inadmissibility may be temporary or permanent.
The most common grounds for inadmissibility are as follows:
In Canada, individuals can be refused entry or removed from the country if they are considered a threat to national security. This is part of Canada's commitment to protecting its population and maintaining public safety and institutional stability.
This type of inadmissibility may apply to individuals involved in terrorism, espionage, subversion, or violent attempts to overthrow a government. It may also apply to those who have supported or been associated with organizations that engage in such activities, even without direct involvement.
Each situation is assessed individually, based on available intelligence, personal history, and context. In some cases, past associations or actions perceived as threatening may be enough to trigger a decision.
Consequences may include denial of entry, loss of immigration status, detention, or removal from Canada. These decisions can have a significant impact on an individual’s personal, family, and professional life.
Canada does not admit individuals who have been involved in serious violations of human rights or international law. This reflects the country’s commitment to justice, peace, and the protection of fundamental freedoms.
This includes acts such as war crimes, crimes against humanity, genocide, torture, or persecution. A person may also be deemed inadmissible if they held a leadership role in a government or organization responsible for such acts, even without direct participation.
Authorities assess each case based on the person’s role, historical context, and credible evidence. This may involve official records, international reports, or documented political affiliations.
Possible consequences include refusal of entry, cancellation of immigration status, or deportation. These measures underscore Canada’s refusal to provide safe haven to perpetrators or accomplices of serious human rights violations.
In Canada, a person can be deemed inadmissible if they have committed or been involved in certain criminal offences, either in Canada or abroad. Inadmissibility can arise under three main categories: criminality, serious criminality, and organized criminal activity.
Serious criminality includes offences punishable by a maximum sentence of ten years or more under Canadian law. This covers acts such as aggravated assault, large-scale fraud, drug or weapons trafficking, and driving under the influence (DUI). Although DUI may be considered minor elsewhere, it is treated as a serious offence in Canada and can result in inadmissibility — even for permanent residents.
Criminality refers to less serious offences, such as petty theft or certain types of assault. A single conviction, even outside Canada, may be enough to make someone inadmissible.
Organized criminal activity involves participation, direct or indirect, in actions related to a criminal organization. This can include money laundering, human trafficking, or large-scale smuggling operations. A formal conviction is not always required for a person to be found inadmissible on this ground.
Authorities evaluate the nature of the offence, the potential sentence, and any connection to criminal groups. These grounds can lead to refusal of entry or removal from Canada, even for individuals already residing in the country.
Other factors can make someone inadmissible:
Health reasons
A person may be denied entry if their health condition poses a risk to public health or safety. This may include certain contagious diseases or mental health issues associated with dangerous behaviour. A person can also be considered inadmissible if their condition would create an excessive demand on Canada’s health care or social services system.
Financial reasons
To come to Canada temporarily, applicants must show they have enough financial resources to support themselves during their stay. If this cannot be demonstrated, the person may be considered inadmissible for financial reasons.
Misrepresentation
Giving false information, withholding important facts, or submitting fake documents in an application can result in being banned from entering Canada. This applies even if the misrepresentation was unintentional, and the consequences can last for years.
Non-compliance with immigration laws
Failing to follow the conditions of a visa or permit—such as overstaying, working or studying without permission—can lead to being deemed inadmissible.
Family inadmissibility
In some cases, a person can be found inadmissible simply because a close family member is inadmissible. For example, if a spouse or child is inadmissible for health, security, or criminal reasons, it can affect the entire application. Admissibility to Canada is sometimes assessed at the family level.
Procedural Fairness Letter
If Canadian authorities identify an issue with your immigration application, they may send you a Procedural Fairness Letter (PFL). This letter, issued by Immigration, Refugees and Citizenship Canada (IRCC), is part of the assessment process and aims to ensure that you have a fair opportunity to respond before a negative decision is made.
The PFL typically outlines the specific concerns raised by immigration officers. It may refer to relevant laws, regulations, or internal policies. You will be given an opportunity to submit additional explanations, documents, or evidence to address these concerns.
Receiving a PFL is a serious matter. In most cases, it indicates that IRCC is considering refusing your application. Your response is therefore your only chance to convince the authorities to approve your case. An incomplete or unconvincing response will likely result in a refusal—and in some situations, could also lead to a five-year ban on submitting a new immigration application.
Although it is not mandatory to hire an immigration lawyer to respond to a PFL, it is strongly recommended. The legal complexity and high stakes involved mean that professional support can make a significant difference. A qualified lawyer can interpret the issues raised, gather relevant evidence, and craft a compelling and compliant response.
At Giroux O’Connor Immigration Law, we understand how critical this stage is. If you have received a PFL, our team is here to support you, defend your case, and help you present the strongest possible response.