CIMM – Enhanced Communications for Genuine Students Impacted by Fraud – February 28, 2024

Key Facts and Figures

• In June 2023, a joint Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA) taskforce was established to review cases of certain international students facing enforcement action following investigations into the submission of fake Letters of Acceptance (LOAs). The taskforce was meant to ensure to the extent possible that genuine students can remain in Canada and not be subject to the five-year ban from re-entering Canada that normally follows in cases of misrepresentation.
• As of February 22, 2024, the taskforce has reviewed 108 of the 285 cases. Out of these 108 cases:
  • 67 individuals were determined to be genuine students, 40 were determined to be non-genuine, while one requires further review;
  • 52 had an enforceable removal order (having received a negative decision from the IRB), and the task force then determined 34 of these 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.
  • 42 of the remaining individuals are awaiting hearings at the IRB, after which the task force will take appropriate steps.
  • 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 taskforce.
• Eight new cases have recently received a final negative admissibility decision from the IRB and have been added to the task force inventory for review.

Key Messages

• IRCC is committed to providing clear communications to genuine students impacted by fraud who have been reviewed by the task force.
• As of February 7, 2024, IRCC has sent 31 genuine students, all of whom have been issued a temporary resident permits, detailed letters to explain the work of the task force and to provide reassurance that they may remain in Canada to study, work and apply for permanent residence if they choose to do so.
  • Additional instructions were also provided so that they may obtain all the necessary documents needed to leave the country and travel back to Canada, as needed.
• The remaining three students deemed to be genuine had already left Canada prior to the review being completed. IRCC has contacted these individuals to assess their interest in returning to Canada.
• Clients determined to be non-genuine and returned to the enforcement stream are contacted by CBSA. CBSA communicates the decision of the task force to the client and gives the client the option to provide additional information to support their case.
  • If the client opts not to provide any additional information, CBSA continues the removal process.
  • If additional information is provided, the case returns to the task force for subsequent review.
• The task force must respect the due process of the investigation and the admissibility determination and therefore does not communicate with clients who have not yet received a decision from the IRB on the admissibility hearings for misrepresentation.
  • Only those who receive a negative decision from the IRB are referred to the task force and will receive communication about the outcome of the task force review, whether they are assessed as being genuine or non-genuine students.
  • IRCC’s How to report fraud or abuse page was updated to provide other clients who were defrauded with a channel to contact the department.
• We are committed to ensuring to the extent possible that these international students remain on equal footing with all other international students as they progress through their desired immigration pathway in Canada.

Supplementary Information

• Genuine students have been authorized three-year temporary resident permits, in addition to study and work authorizations to allow them to remain in Canada for up to three years.
• On February 7, 2024, a letter was sent by ADM Zafar to MP Kwan, in response to MP Kwan’s enquiries on behalf of GSIF clients. MP Kwan was advised that a letter was sent to all genuine students, including those on the list provided to IRCC. A copy of the letter sent to the genuine students was included for MP Kwan’s reference. Case specific updates for the individuals included in MP Kwan’s enquiry were also included.

If pressed on the return of passports:

• Clients may contact their local CBSA Inland Enforcement Office to obtain their passport.