Procedural fairness letter (PFL)
Statutory definition
The PFL obligation arises from the common law duty of procedural fairness established in Baker v Canada [1999] 2 SCR 817 and its predecessors. Where an officer is considering relying on adverse information not contained in the application (such as a credibility concern or a prior misrepresentation finding), procedural fairness requires giving the applicant notice and an opportunity to respond. The failure to issue a PFL before making a negative decision on such grounds is a ground for judicial review.
Explanation
A procedural fairness letter (also called a "fairness letter") is an important document — it is both a warning and an opportunity. The response to a PFL can prevent a refusal by addressing the officer's concerns with direct evidence and submissions. Responses should be made within the time specified (typically 30 days) and should directly address each concern raised. A PFL is not issued in every refusal scenario — it is most common for misrepresentation concerns, credibility issues, or third-party information that contradicts the application.