Refused. NO PFL?

[00:00:00]Well, can IRCC refuse your application without giving you an opportunity to respond to their concerns in the form of a formal procedural fairness letter or an additional document request?

[00:00:10]Absolutely, they can. And if they do, in some situations, they will not be violating the very principle of natural justice and procedural fairness, should they are able to prove on the balance of probabilities that it was your fault and that the fact that you did not abide by the minimum expected requirement as required under the Immigration Refugee Protection Act of Canada and regulations. In simplistic form, an example would be NOC code misalignment.

[00:00:36]If the officer is able to prove on the balance of probabilities that the NOC code that you have chosen is an incorrect one, she has under she's under no legal obligation to clarify that concern in the form of a PFL. She will outrightly refuse your application.

[00:00:50]Employment reference letter is not talking is not giving substantial number of duties. Again, the same story. She can directly refuse your application without a PFL. And in some situation in this specific situations, the officer will not be violating the very principle of natural justice and procedural fairness because that's how the law is being structured. So, if your application is refused without a formal PFL, and if you're planning to apply for a reconsideration, first thing first, you have to understand reconsideration is a privilege, it's not your right. The officer chooses all the right not to even respond to your reconsideration request, though they mostly do. Number two, before pinpointing on the fault of the officer saying that you did not provide me with a PFL, understand where the basic issue lies. Where if the officer actually has violated [clears throat] the very principle of natural justice and procedural fairness, or is this something that you are thinking? Consult with somebody, take a legal opinion, and proceed with accordingly because if you are in your reconsideration, if your argument is not legally viable, the officer will not obviously respond to your reconsideration request, and all the time, money, and energy spent in that process will be a pointless exercise. Last but not the least, if you are not planning to go for a reconsideration request, a more formal way to get it done is through a judicial review. If you are able to prove that the officer has made an error either in the administration of the act or the administration of fact or both. So, if your application is refused, you do not really have to act within a day or two. You can take at least 10-15 days of time, at least 10 days of time, a week's time to figure out what the best course of action will be. If necessary, take some legal guidance from anybody you trust, and then take the next step accordingly.