CIMM – International Students – Establishment of a Task Force – June 14, 2023

The purpose of this document is to provide a phased strategy regarding the individuals reported in the media as facing possible deportation orders by the CBSA due to fraudulent letters of acceptance stemming out of three CBSA led investigations otherwise known as the “700 Indian Students with fraudulent LOA.”

The CBSA has the obligation and authority to both investigate and write reports for individuals who are believed to be in violation of the inadmissibility clauses of the Immigration and Refugee Protection Act (IRPA). IRCC has the legal authority to accept, review and grant status under Section A24 and A25 of IRPA based on a review of compelling factors.

The “700 Indian Students” fall into five cohorts:

• Students who are under investigation but continue to hold valid status in Canada.
• Students who have been reported for misrepresentation and are to be directed or have been directed to an Immigration Division hearing and continue to hold legal status until they have been found to be a person described for misrepresentation in section A40 of IRPA.
• Students who no longer hold valid status and have been reported for misrepresentation and are to be directed or have been directed to an Immigration Division hearing,
• Students who have been found inadmissible for misrepresentation, have been issued a removal order, and are still in Canada,
• Students who have been found inadmissible for misrepresentation, have been issued a removal order, and have already been removed from Canada.

Phase 1: TRP Ministerial Authorities to Intervene, Authorize Individuals who are Subject to Enforcement Action and who may been Recognized as Inadmissible to Remain in Canada:

On an individualized basis, the Assistant Deputy Minister of the Operations Sector can authorize a limited duration temporary resident permit (TRP) under A24 of the IRPA. This would allow the individual the necessary documents to pursue their studies and to work in Canada while preserving the delicate balance of sustaining the efforts to combat fraud.

IRCC will communicate with clients to reassure them that they will not be removed from Canada, as long as investigations into their genuineness are being conducted.

Phase 2: Establish a Task Force to Identify Individuals who were Victims of Fraud

• IRCC will establish a Task Force chaired by the ADM, Operations, IRCC. CBSA will be represented by the VP, Intelligence and Enforcement Branch. The Task Force will review cases to identify victims of unscrupulous actors and intervene as appropriate with the tools identified above.
• The approach will be compassionate for those who, while benefitting from the fraud, attended, or are attending, a school in Canada. The approach will also protect the Integrity of the immigration system through a consideration of links to criminality, abuse of student visas to enter the labour market, participation and / or knowledge of the scheme, and other aggravating factors such as other criminality (even if fully engaged in school).
• The CBSA will share a list of implicated individuals.
• IRCC will review the list to validate the student’s status in Canada and to assess the individualized circumstances.
• As needed, CBSA will share client submissions to review the information presented to CBSA officers or at the inadmissibility hearing.
• CBSA will categorize cases into 1 of 4 categories
  • link to criminality;
  • strong link to fraud (e.g. did not attend school);
  • attended school;
  • insufficient information to proceed.
• CBSA will document aggravating factors (e.g. involvement in scheme, knowledge of fraud, other criminal behaviours)
• IRCC will identify students who have no links to criminal activity and are believed to have been duped and victimized by unscrupulous actors.
• Should the victimized student no longer hold valid status, the delegated authority for the IRCC Minister will, upon receipt of an individualized case analysis, exercise their delegated authority and issue a TRP.
• Should the student continue to hold valid status, if/when the Immigration Division makes a decision on their file and issues a removal order, then the delegated authority for the Minister will, upon receipt of an individualized case analysis, look to exercise their delegated authority.
• CBSA will ensure removal orders are not enforced for those who have been issued TRPs
• The Department will continue to liaise with the CBSA and collaborate on identifying a pre-emptive list of cases for the Minister’s consideration.
• IRCC will report on the work of the Task Force on a bi-weekly basis, tracking progress on the cases.
• In the event a student linked to these investigations has already submitted a Pre-Removal Risk Assessment or a request for an exemption on Humanitarian and Compassionate grounds, the case will be expedited to the relevant delegated decision maker with an individualized case analysis.
• The cases of the students who have been already removed will be reviewed on a priority basis to determine whether facilitation would have been extended, and determine next steps.

Phase 3: Options to Remedy the Five Year Inadmissibility for Individuals Found to be Genuine Victims of Fraud After the Investigations

Option 1:

Individuals who have been determined to have been duped by unscrupulous actors following a review by the task force, would be invited to apply for Humanitarian and Compassionate consideration on an individualized basis to overcome their five year inadmissibility under A25(2) of IRPA. The application would follow normal intake mechanisms, but would be expedited to a decision maker. This would allow for an individualized response and would support the integrity of the process as outlined in Phase I and Phase 2. 

Option 2:

To enable individuals who have determined to have been duped by unscrupulous actors, the Minister of IRCC could exercise their authority to waive inadmissibility for the students via public policy. This Public Policy would look to lift the consequences of the five year inadmissibility and allow the students to apply for regular permanent pathways as appropriate to their interests.

Individual Media Cases

• [Redacted]
• [Redacted]