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.

• Canada is well placed to attract and retain many talented individuals though study at our educational institutions.

• In June 2023, it was clear that there are some current and former international students who faced enforcement action following investigations into the submission of fraudulent letters of acceptance when they previously applied for a study permit.

• IRCC began a review on a case-by-case basis of a cohort of international students to determine which ones were not complicit in this fraud to moderate impacts to them where possible, such as removal from Canada.

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

• 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 letter of acceptance with IRCC.
If pressed

• 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 August 30, 2024, the taskforce has reviewed more than 109 cases, while others make their way through the system.
o Of the reviewed cases, 13 cases voluntarily departed Canada after the removal order was initiated but before a decision by the Immigration and Refugee Board of Canada (IRB) was rendered. No further action is required by the Task Force.
o Of the 96 remaining cases, 62 individuals were determined to be genuine students and 34 were determined to be non-genuine.
If pressed on LOA verification measures

• As of December 1, 2023, post-secondary DLIs are asked to verify each overseas applicant’s LOA directly with IRCC. This updated process aims to protect prospective students from LOA 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).

If pressed on other 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.

• IRCC runs media campaigns both domestically and abroad to deter fraud and help people avoid becoming victims. Its objective is to provide information and correct misinformation about Canada’s study permit and application process, the risks of hiring unauthorized representatives, and the consequences of fraud.

• IRCC keeps its external fraud webpages regularly updated to provide the latest information and resources on immigration scams targeting international students, to help prospective applicants avoid and report fraud.

• IRCC employees receive training on how to detect and combat fraud and they work diligently to protect the integrity of Canada’s citizenship and immigration system. All applicants are provided procedural fairness and an opportunity to respond to any adverse information before a decision in misrepresentation is taken.

• The College of Immigration and Citizenship Consultants takes measures against consultants that don’t abide by the rules and may take disciplinary actions, including issuance of monetary penalties and suspension or revocation of licences where warranted. The College has the authority to seek court injunctions against bad actors who falsely represent themselves as licensed immigration consultants.

• The international student compliance regime (ISCR) is designed to uncover potential fraud and fraud trends in the international student movement. The ISCR helps draw out information related to non-bona fide students as well as surfacing concerns related to the activities of certain DLIs. The data collected gives IRCC insight into whether or not international students are compliant with their study permit condition to actively pursue their studies.

• When non-compliance is suspected, the information is added to the individual’s file and may be taken into consideration on any subsequent immigration application decisions or upon re-entry into Canada at a port of entry. Individuals confirmed through investigation to be non-compliant may be referred to the Canada Border Services Agency (CBSA) for enforcement action.

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’s 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 was heard at the BC Supreme Court.

• On May 29, 2024 Brijesh Mishra pleaded guilty to 3 charges related to Canada’s Immigration and Refugee Protection Act. He has been sentenced to 3 years in prison.

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 IRB.
• As of August 30, 2024, the taskforce has reviewed 109 of the 285 cases, there are 11 cases being prepared for taskforce review following admissibility decisions from the IRB.
o Out of the 109 cases, 13 cases voluntarily departed Canada after the removal order was initiated but before a decision by the IRB was rendered. They are not inadmissible in the absence of a decision on their removal order and are not under a 5-year ban from entering Canada. Thus, no further action is required by the Task Force.
o Out of the 96 remaining cases, 62 individuals were determined to be genuine students, and 34 were determined to be non-genuine.
o 41 of the genuine students were authorized temporary resident permits of up to three years and IRCC has reached out to 3 who are outside Canada to determine their interest in returning to Canada. No further action was required from the task force for the remaining genuine students.
• 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.