CBSA investigation leads to criminal charges for immigration offences including fraudulent letters for Canadian post-secondary institutions to Indian students

From: Canada Border Services Agency

News release

June 23, 2023     Vancouver, British Columbia     Canada Border Services Agency

The Canada Border Services Agency (CBSA) plays a key role in ensuring the integrity of our immigration system. The CBSA announced today that charges have been laid against Brijesh Mishra, a citizen of India, for immigration-related offences.

Following information provided to the CBSA concerning Mr. Mishra’s status in Canada, as well his alleged involvement in activities related to counseling misrepresentation, the Agency launched an investigation.   

On June 23, 2023, the CBSA Criminal Investigations Section laid charges under the Immigration and Refugee Protection Act (IRPA) based on the evidence collected during the criminal investigation. These include:

  • IRPA Section 91(1) Unauthorized Representation or Advice for Consideration – one count
  • IRPA Section 126 Counselling Misrepresentation – one count
  • IRPA Section 127(a) Misrepresentation (Direct or Indirect Misrepresentation) – one count
  • IRPA Section 127(b) Misrepresentation (Communicating False Information) – one count
  • IRPA Section 124(1)(a) Non-Compliance with the Act – one count

Quotes

“Our government is taking action against those who are responsible for fraud, while protecting those who’ve come here to pursue their studies. I want to thank CBSA’s criminal investigators for their hard work protecting Canadians and those who hope to come here.”

-          The Honourable Marco Mendicino, Minister of Public Safety

“The charges announced today by the CBSA’s Pacific Region Criminal Investigations Section reflect our commitment to maintaining the integrity of Canada’s immigration system. Our officers worked diligently to investigate these offences and we will continue to do our best to ensure those who break our laws are held accountable.”

-          Nina Patel, Regional Director General, Pacific Region, Canada Border Services Agency

Quick facts

  • Section 126 of the IRPA is designed to protect victims of immigration violations by making it a criminal offence to knowingly counsel a person to directly or indirectly misrepresent or withhold information that could result in an error in the administration of the Act.

  • Section 91 of the IRPA is designed to protect victims of immigration violations by making it a criminal offence to provide immigration advice for a fee unless the provider is a lawyer licensed to practice law by a provincial licensing body, or an immigration consultant licensed by the College of Immigration and Citizenship Consultants.

  • Foreign national students seeking to study in Canada require letters of acceptance from recognized post-secondary institutions to qualify for a student permit. 

  • The Agency is responsible for identifying, investigating and prosecuting individuals and entities that violate the Customs Act and the IRPA.

  • Members of the public are encouraged to report suspicious immigration activities to the CBSA by calling 1-888-502-9060.

Contacts

Media Relations
Canada Border Services Agency
media@cbsa-asfc.gc.ca
1-877-761-5945

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