CIMM – Genuine Students Impacted by Fraud Task Force – February 28, 2024

Key Facts and Figures

There are several active litigations on the matter.

• 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.
  • The cases were identified via tips and intelligence probes conducted by the Canada Border Services Agency (CBSA). Over 2,000 cases were initially examined. Cases included foreign nationals from India (89%), Vietnam (8%) and Peoples’ Republic of China (3%).
  • Some cases may involve unauthorized consultants providing their clients fraudulent letters of acceptance from various Designated Learning Institutions (DLIs) in Canada, in support of study permit applications.
• In June 2023, a joint Immigration, Refugees and Citizenship Canada (IRCC) and CBSA taskforce was established to review these cases and ensure that genuine students can remain in Canada and not subject to the five-year ban from re-entering Canada that normally follows in cases of misrepresentation.
  • Based on the outcomes of the CBSA large scale investigations, 285 individuals were determined to be under the purview of the task force. It is not anticipated that other individuals will be added to the scope of the task force.
  • Of the 285 cases, 135 separate immigration officers, across nine visa offices in Canada, India, Vietnam and China, assessed the initial study permit applications.
    • Note: Data is tracked manually and should be considered preliminary and subject to change without notice.
• 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.
• 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 task force endeavors to review cases within 4-6 weeks after being notified that a final negative decision was rendered on the client’s admissibility for LOA misrepresentation.
• The task force has no control over the final decision of an admissibility hearing or its timing. Admissibility decisions are taken independently and finalized by the IRB or by the Federal Court if the client choses to seek judicial review of the IRB’s decision.

Key Messages

• IRCC is actively working to provide certainty to genuine international students admitted to Canada with fraudulent admission letters, who were issued a deportation notice. Our goal is to identify those who took advantage of genuine students and take action against them.
• When it comes to fraud generally, we are primarily focused on two streams: (1) identifying organizers of coordinated fraud and (2) individuals who knowingly commit fraud or attempt to deceive IRCC. We have measures in place to detect fraud and to flag these in our systems in order to deter future fraud.
• These measures are part of a multi-pronged approach that includes conducting investigations, deploying different integrity measures, improving programs and regulations, and conducting client outreach. All these efforts are coordinated to combat fraud.
• To prevent similar situations in the future, IRCC has implemented an enhanced letter of acceptance verification process that will require DLIs to validate LOAs submitted for study permits.

Supplementary Information

• IRCC works with its local and international partners to crack down on fraud, and is continuously improving its systems to detect indicators of fraud.
• When processing applications, officers review the application and information available to them, including any adverse information that may be found, and take that information into consideration when making an admissibility decision.
• Procedural fairness is afforded to applicants to provide them with the opportunity to respond to an officer’s concerns. The onus remains on applicants to provide truthful information on their applications even if a third party is preparing it.
• All persons seeking to come to Canada whether temporarily or permanently must meet the admissibility and eligibility requirements as set out in the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.
• If IRCC finds that false documents or information were provided to obtain status, an individual may have their status taken away, be removed from Canada, have a permanent record of fraud with IRCC, and be forbidden to enter Canada for at least five years.

If pushed on GSIF process

• The Task Force is made up of eight senior officials: ADM, Migration Integrity Sector, IRCC; VP, Intelligence and Enforcement Branch, CBSA; five Directors General from IRCC; and one Director General from the CBSA.
• CBSA is responsible for immigration enforcement, and can refer cases to the IRB for an admissibility hearing, or issue a removal order.
• The task force cannot impede CBSA’s obligation and authority to investigate and report individuals who they believe to be in violation of the inadmissibility clauses of the Immigration and Refugee Protection Act (IRPA).
• In situations where a case has been referred to the IRB, the task force will only examine that case once the IRB has completed its inadmissibility proceedings and the client is found inadmissible. The task force will then assess if the individual is a genuine student impacted by fraud.
• If the task force were to intervene prior to the IRB’s decision, this could result in CBSA being unable to properly investigate and collect the evidence needed to take action against organizational or individual bad actors. This undermines the government’s ability to deter fraud and prosecute entities implicated in fraud.
• Misrepresentation under A40 of IRPA refers specifically to the direct or indirect act of misrepresenting or withholding material facts that are relevant to an application.