Procedural fairness letter from IRCC: what the officer must tell you, and how to answer
A fairness letter means an officer is close to refusing, and IRCC's own instructions require them to let you answer first. Here is what the letter must tell you, how your deadline works, and how to respond.
A procedural fairness letter means an officer has a concern serious enough to refuse your application, and IRCC’s own instructions require them to let you answer it first. Those instructions also set out what the officer must tell you, how your reply must be treated, and what any refusal has to contain. Knowing them is how you spot a letter, or a refusal, that falls short.
Why IRCC sends a fairness letter
IRCC tells its officers to follow procedural fairness on every immigration and citizenship application, at every stage. In practice that means three things: a fair and unbiased assessment, being told the officer’s concerns, and a real opportunity to respond to them.
For students and graduates on study and work permits, the letters we see most often are about:
- bank statements or the source of funds, especially a large recent deposit;
- a document IRCC has checked with your college, employer or bank;
- gaps or inconsistencies in your study or work history;
- a refusal from another country that was not disclosed;
- a possible misrepresentation under section 40 of the Act.
What the letter must tell you
If an officer is relying on information that did not come from you, such as a verification call to an employer, a check with your school, or information from a partner agency, they must tell you and give you a chance to respond. You are not always entitled to see the documents themselves, but you are entitled to know the essence of the concern and which section of the law is in play.
A letter that only states a conclusion, for example that a document “is fraudulent”, without saying what was doubted and why, may not meet that standard. Two Federal Court decisions from October 2026 show where the line sits; we summarize them on our refusals page.
If you are called to an interview
There is no automatic right to an interview. If you are interviewed, you should receive enough notice and information to prepare, and you may bring an interpreter. If a new concern comes up during the interview, you must be given a chance to answer it, either there or through a fairness letter afterwards.
Your deadline works both ways
- Respond on time. A late response is often treated as no response at all.
- IRCC must wait too. If you were given 30 days, IRCC’s instructions say no negative decision should be made before day 30, even if you have already sent some documents.
- Need more time? Ask in writing before the deadline and explain why. Plan as if the original date stands.
Who decides, and on what record
The officer with legal authority must weigh everything you sent, including your response, and reach their own conclusion. A credibility finding cannot simply be borrowed from another officer: if your file moves to someone new and earlier credibility findings matter, a fresh letter or interview may be needed. An officer who decides only because a manager directed it has fettered their discretion.
If a refusal follows anyway
The refusal must cite the section of the Act or Regulations it relies on and give written reasons clear enough for you to prepare an appeal or judicial review. Officer notes now come with most refusals. A judicial review must be filed within 15 days for a decision made in Canada, or 60 days for one made outside Canada, and asking for reconsideration does not stop that clock. Unjustified delay is also a breach of fairness; if your file has simply stalled, see our guide to mandamus.
How to answer a fairness letter
- List every concern the letter raises, in its own words.
- Answer each one point by point, with primary documents. Explain gaps honestly; do not create new inconsistencies.
- If the letter mentions misrepresentation, treat it as the most important document in your file: a finding means five years of inadmissibility.
- If the letter is vague, still answer on time, and ask in writing what the specific concern is and what it rests on.
- Keep the letter, your response, every attachment and proof of when each was sent.
- Book a consultation so a licensed RCIC can review the letter before you reply.
Sources: IRCC, Procedural fairness (program delivery instructions); Immigration and Refugee Protection Act, section 40; Immigration and Refugee Protection Act, section 72. General information only, not legal advice; IRCC makes all final decisions.
Questions, answered
Is a procedural fairness letter a refusal?
No. It means the officer has a concern serious enough to refuse and must give you a chance to answer it first. What you send back is often the deciding document in the file.
Does IRCC have to show me the documents it relied on?
Not always the documents themselves. IRCC's instructions say you must be told the substance of the concern and the section of the law at issue, including any information that came from outside your application.
Can IRCC refuse my application before my response deadline?
It should not. IRCC's instructions say that if you are given a set period, such as 30 days, no negative decision should be made before it ends, even if you have already sent some documents.
Can I get more time to respond?
You can ask in writing before the deadline and explain why you need it. IRCC decides whether to allow it, so prepare as if the original date stands.
