Procedural Fairness Letters (PFLs)
A Procedural Fairness Letter (PFL) is a formal notice issued by immigration authorities when concerns arise that may lead to refusal of an application. It provides the applicant with an opportunity to respond before a final decision is made.
Prior to the listing of the IRGC as a terrorist organization, government officials publicly indicated that the former conscripts of this organization would not be the target of the designation. Many applicants relied on these assurances in good faith.
However, numerous temporary and permanent residence applicants have since received PFLs explicitly stating that their mandatory conscription in the IRGC may render them inadmissible on security grounds. In these letters, compulsory service – performed under legal obligation – is characterized as “membership” or “association,” forming the basis for potential refusal.
These PFLs typically:
- Cite security inadmissibility provisions
- Refer to alleged “membership” in a listed organization
- Request further submissions or explanations
- Signal possible refusal of permanent residence
For many applicants, the PFL is the first indication that their mandatory conscription is being treated as grounds for inadmissibility despite earlier public assurances.
Furthermore, several individuals who received such PFLs and challenged subsequent refusals in court have seen their applications dismissed, reinforcing the seriousness of the issue and the limited recourse currently available.
Below are redacted copies of PFLs received by applicants. They illustrate how compulsory conscription, without evidence of voluntary involvement or personal wrongdoing, is being relied upon to question admissibility and temporary/permanent residence eligibility.
