Question Period Note: Concerning reports of international student fraud

There have been reports of international students and graduates facing removal from Canada due to fraud, while claiming having no knowledge of fraudulent activity. A joint IRCC-CBSA taskforce review of these cases is ongoing.

• With more than a million active study permit holders here, there’s no doubt that we are training some of the best and brightest people from across the globe.

• In June 2023, cases came to light in which some current and former international students began to face enforcement action following investigations into the submission of fake letters of acceptance (LOA) when they previously applied for a study permit.

• IRCC has implemented a verification process to address the issue of fraudulent admission letters. Post-secondary designated learning institutions are now asked to confirm each applicant’s LOA with IRCC.

• The Government of Canada’s focus is on identifying those who are responsible for the fraudulent activity and not on penalizing those who may have been affected by fraud.

• On a case by case basis, international students who are found not to be complicit in fraud will not be removed from Canada.

If pressed
• The Immigration and Refugee Protection Act may allow the delegated authority to use discretion, and as appropriate, this will be exercised in the present context.
• In June 2023, a joint IRCC-CBSA taskforce was established to review cases impacted by investigations into letter of acceptance fraud to ensure that genuine students did not face removal from Canada. Some of these individuals were genuine students who came to Canada to pursue their studies but were duped by bad actors who claimed to be helping them apply to study.
• As of April 15, the taskforce has reviewed more than 108 cases, while others make their way through the system. Of the reviewed cases, 67 individuals were determined to be genuine students.

If pressed on other measures
• In addition, to increase the integrity of the program and to help protect vulnerable students from nefarious actors, I introduced two new measures to strengthen Canada’s immigration system. As of December 1 2023, post-secondary DLIs are asked to verify each overseas applicant’s letter of acceptance directly with IRCC. This updated process aims to protect prospective students from letter of acceptance fraud by confirming the applicant’s information with the DLI they intend to study at before a study permit is issued. On January 30, 2024 the LOA verification for post-secondary studies was expanded to in-Canada applications (extensions). This is an initial step in IRCC’s modernization of the International Student Program and complements program integrity measures already in place.
• IRCC is also working with DLIs, provinces and territories, and national education associations to develop the Recognized Institution Framework, which will identify DLIs that provide high-standard in terms of student recruitment, student supports, and post-graduate student outcomes. DLIs who demonstrate these qualities will benefit from faster study permit processing.

If pressed on fraud detection measures
• We are taking every opportunity to crack down on dishonest and fraudulent consultants who seek to abuse Canada’s immigration system and take advantage of those seeking to visit, work, study or settle here in Canada.

Media reports about students from India subject to removal orders and fraud concerns
• While some newspapers have provided accurate coverage, others have misstated or exaggerated information. For example, a March 14, 2023, article in the online newspaper India Narrative falsely reported that the CBSA “issued deportation notices to over 700 Indian students whose visa documents were found to be fake.”

CBSA Inland Enforcement Cases
• The cases reported in the media are linked to three large-scale, administrative investigations into potentially fraudulent letters of acceptance and study permits dating back to 2018, which were conducted by the CBSA with support from IRCC.
• These investigations originally started as probes into Indian nationals associated with criminality and organized crime. The investigations go beyond Indian foreign nationals, also implicating Vietnamese and Chinese nationals. The investigations are ongoing.
• On June 14, 2023 then-Minister Sean Fraser released a statement on reports of international student fraud and shared that a joint IRCC-CBSA taskforce had been formed to review these cases. The work of the taskforce is ongoing.

CBSA Criminal Investigation
• IRCC works closely with CBSA to combat abuse of its programs and shares relevant information as needed to support CBSA pursuit of criminal charges.
• On June 23, 2023 CBSA announced that charges had been laid against Brijesh Mishra, a citizen of India, for immigration-related offences. Mishra has been named in media reports for having defrauded students. The criminal case is proceeding through the BC Supreme Court.

Status of the Genuine Students Impact by Fraud Taskforce
• The taskforce was convened in view of taking a humanitarian approach to providing relief to certain individuals impacted by a misrepresentation determination from the Immigration and Refugee Board of Canada (IRB)
• As of April 15, 2024, the taskforce has reviewed 108 of the 285 cases. Out of these 108 cases:
o 67 individuals were determined to be genuine students, 40 were determined to be non-genuine, while one requires further review;
o 52 had an enforceable removal order (having received a negative decision from the IRB), and the task force then determined 34 of these were genuine students; 31 were authorized temporary resident permits of up to three years and IRCC is in contact with the remaining 3 who are outside Canada to determine their interest in returning to Canada. 18 of the 52 were determined to be non-genuine and returned to the enforcement stream.
o 42 of the remaining individuals are awaiting hearings at the IRB, after which the task force will take appropriate steps.
o 13 individuals had voluntarily departed Canada after the removal order was initiated, but before a decision by the IRB was rendered. No further action will be taken by the task force.
o 8 new cases have recently received a final negative admissibility decision from the IRB and have been added to the task force inventory for review.
• The remaining cases include individuals with reviewable cases who had already left Canada prior to an IRB decision, and other individuals who have made a claim for asylum and are waiting for a decision on their case. The taskforce has reviewed and made decisions on these cases, in the event that intervention is necessary after a decision is rendered for their asylum claim.
• The taskforce is aware of additional cases that have not yet been reviewed, as they are still awaiting decisions at either the IRB or Federal Court. If an exclusion order is issued in these cases, they may become reviewable by the taskforce in the future.

If pressed on non-genuine students
• As part of the taskforce’s individualized case review, not all students have been found to be well-intentioned. For example, some students:
o Are subject to ongoing criminal charges, including physical assault, robbery, and the distribution of illicit substances, or a combination thereof.
o Were complicit in using fraudulent documents in order to enter Canada, and previously engaged human smugglers to enter other jurisdictions.
o Demonstrate stagnant or illogical study progression. For example, some individuals have claimed to have studied for short durations at multiple schools without logical progression from one to the next.
• In these circumstances, CBSA’s removal proceedings will resume.

If pressed on protecting students
• We recognize the immense contributions that international students make to our country and we are committed to providing a path to Canada that is honest and transparent.

• All applicants must continue to ensure that, before applying for a study permit, they do their research, have an acceptance letter from a DLI, and refer to the official IRCC website to get information about our programs and fraud prevention.

If an individual believes they have been deceived by an unscrupulous consultant, we urge them to come forward and report fraud.

If pressed on genuine students
• Individuals with removal orders who were assessed as genuine students were issued a three year temporary resident permit (TRP), open work permit and open study permit to allow them to remain in Canada temporarily.
• The existing inadmissibility for misrepresentation for letter of acceptance fraud will not impact the decision making on their current or future immigration application(s), including applications for permanent residence.
• Any open application remains subject to all other admissibility and eligibility requirements and will follow regular due process. Communications have been shared with the temporary resident permit recipients so that they understand the outcome of the review process. Additional information regarding retrieving passports and instructions for exiting and re-entering Canada (if they chose to do so) was also included.