- A fairness letter is issued because the decision-maker has identified something specific: an inconsistency, a document that raised doubts, information from another source that…
- If you don't respond by the stated deadline, the decision-maker generally proceeds to decide the matter based on the information already on file — which, by definition, is the…
- - They didn't understand what the letter was asking.
A procedural fairness letter can feel like just one more piece of official mail in a process that's already full of paperwork. It isn't. It's IRCC — or, depending on the matter, another decision-maker — telling you specifically that something in your file has raised a concern serious enough that they want to hear from you before deciding. Ignoring it, or missing the deadline to respond, is one of the most avoidable ways an immigration application goes wrong.
Why the Letter Exists in the First Place
A fairness letter is issued because the decision-maker has identified something specific: an inconsistency, a document that raised doubts, information from another source that contradicts your application, or a concern serious enough to potentially affect the outcome — sometimes including a possible misrepresentation concern. The letter is your one structured opportunity to address it before the decision is made.
What Happens If You Don't Respond
If you don't respond by the stated deadline, the decision-maker generally proceeds to decide the matter based on the information already on file — which, by definition, is the information that raised the concern in the first place. In practice, this means:
- The concern that triggered the letter is very likely to be resolved against you, since you provided nothing to address it.
- You lose the one formal opportunity built into the process to explain, clarify, or correct the record before a decision is made.
- If the concern involved something serious — such as a possible misrepresentation finding — silence does nothing to prevent that finding, and a misrepresentation finding can carry a lasting bar on future applications and can affect family members included in the same application, not just you.
Common Reasons People Miss the Deadline (and Why None of Them Help)
- They didn't understand what the letter was asking. A vague or rushed reading can lead to a response that misses the actual concern — functionally similar to not responding at all.
- They assumed a lawyer or consultant would "just handle it." If you don't confirm someone has actually taken action before the deadline, don't assume it's covered.
- They thought more time would be given automatically. Extensions are not automatic and are not guaranteed.
- They believed the concern was minor. Decision-makers don't send fairness letters over trivial points — if it was worth raising, it's worth a real response.
What a Real Response Looks Like, Compared to Silence
| Ignoring the Letter | Responding Properly | |
|---|---|---|
| What the decision-maker sees | Only the information that raised the concern | Your explanation, evidence, and context alongside the original concern |
| Your chance to correct a misunderstanding | None | A genuine opportunity, even if not a guaranteed one |
| Effect on a possible misrepresentation concern | Nothing offered to weigh against it | A documented, considered response on the record |
| How it looks if you later seek judicial review or an appeal | You had an opportunity and didn't use it | You engaged with the process in good faith |
The contrast matters beyond just this one decision. If a refusal follows and you later pursue further recourse, a decision-maker's record of your engagement — or lack of it — can shape how your case is viewed at every later stage.
What to Do the Moment You Receive One
- Read it fully and identify the exact concern — not your best guess at what it might be about.
- Calendar the deadline immediately, and treat it as fixed unless you have written confirmation of an extension.
- Gather evidence that speaks directly to the concern raised — generic supporting documents that don't address the specific issue won't help.
- Get legal advice quickly, especially if the letter touches on credibility, document authenticity, or misrepresentation — these carry the highest stakes.
- Confirm your response was actually submitted and received before the deadline, not just drafted.
Frequently asked questions
Is there any way to respond late and still have it considered?
It depends entirely on the decision-maker's discretion and the specific circumstances — there's no guaranteed right to a late response. Treat the original deadline as firm and don't rely on being given more time.
If I already missed the deadline, is there anything I can still do?
Possibly, depending on how much time has passed and whether a decision has already been made. Get legal advice immediately — a very prompt, well-explained late response puts you in a much better position than doing nothing further.
Does ignoring a fairness letter automatically mean misrepresentation?
Not automatically, but if the letter raised a misrepresentation concern and you don't respond, the decision-maker has nothing from you to weigh against that concern, which makes an adverse finding considerably more likely.
Can I respond myself, or do I need a lawyer?
You can respond yourself, but only a lawyer, licensed paralegal, or College-licensed immigration consultant may prepare or advise on that response for a fee. Given how much can turn on a fairness letter, most people are better served getting experienced help before the deadline, not after.
This is an immigration question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.