CIMM – Individuals Impacted By The Loa Fraud Linked To Unscrupulous Agents – June 14, 2023

Date:
Classification:
Department: IRCC

Issue:

There have been ongoing media reports on a certain number of individuals who were issued study permits based on fraudulent letters of acceptance, and who are now being investigated with a possible outcome of being removed from Canada. IRCC takes such issues seriously and is committed to reviewing fraud allegations fairly while also being committed to ensure program integrity.

Proposed Response:

• International students make immense economic, cultural and social contributions to Canada.
• We take seriously the recent media reports on international students being investigated for providing potentially fraudulent letters of acceptance. We understand this situation is distressing for those affected.
• It is important to address the inaccuracies in reports of students facing removal, as the actual numbers are not accurate and significantly lower than the initial reports.
• We are actively investigating reports of fraudulent activity. When it comes to fraud, we are focused on identifying organizers of coordinated fraud, not penalizing victims. We will prioritize investigations into unscrupulous fraudulent actors who are preying on the innocent.
• I have asked my officials to establish a Task Force to examine cases individually. We will approach every case with flexibility and compassion and deploy the necessary tools to ensure that those who are found not to be involved in fraudulent activity do not face removal and can continue their journey in Canada.
• Victims of fraud will always have an opportunity to demonstrate their situation and present evidence to support their case. This information is taken into account when the officer is making a final decision.
• Depending on their situation, an individual may have the right to appeal a decision to the Immigration Division or to pursue a judicial review at the Federal Court.
• A review of the International Student Program is underway to strengthen program integrity and enhance protection to address student vulnerability, unethical recruitment and non-genuine actors.

If Pressed on Fraud Detection Measures:

• IRCC employees receive training on how to detect and combat fraud, and they work hard to protect the integrity of Canada’s citizenship and immigration system.
• IRCC works with its local and international partners to detect and deter fraud, and is continuously improving its systems to detect evidence of fraud. Where fraud tips are involved, IRCC will look into each tip.
• A Letter of Acceptance Verification Project (LoAVP) was launched in 2018; the project is a centralized office within IRCC to communicate with designated learning institutions (DLIs) to verify the authenticity and validity of letters of acceptance (LoA).
• In addition, twice a year, Designated Learning Institutions (DLIs) across Canada (except in Quebec) are expected to report on the enrollment status of study permit holders who are associated to their DLI in IRCC records. This data is self-reported by DLIs. Individuals identified by the DLI as not studying can be referred to the Canada Border Services Agency for enforcement action after investigation by IRCC.
• When processing applications, officers review any adverse information that may be found on file and take that information into consideration. Procedural fairness considerations provide the applicant with the opportunity to respond to an officer’s concerns.
• 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 (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).
• If we find 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 Pressed on Protecting Students

• Canada has taken decisive measures to combat organizers of coordinated fraud. This includes holding immigration and citizenship consultants to account by investing $48.3 million over four years and $9.8 million ongoing to improve oversight, strengthen enforcement, and increase accountability to protect the public from dishonest consultants and other bad actors who take advantage of vulnerable people.
• IRCC urges clients to use the official Departmental website to obtain information regarding its programs and avoid falling victim to misinformation. We also offer extensive information on how to detect, prevent and report fraud.

Contact:
Elizabeth Snow
Director General, Integrity Risk Management
Tel. No.: 343-571-4576
Cell. No.:

Approved by:
Michèle Kingsley
Assistant Deputy Minister, Operations
Tel. No.: 343-543-1666

Background:

Media Reports About Students From India Subject to Removal Orders and Fraud Concerns

• On March 14, 2023, a blogger writing for India Narrative, an online newspaper from Chandigarh India, falsely reported that “Canada was to deport 700 Indian students as visa documents found to be fake”.
• Peaceful protests continue in the parking lot of Airport Rd. Mississauga in support of the Indians students facing enforcement action from the CBSA. Specifically, the dozen or so protesters who are camping out there in support of Lovepreet Singh who is scheduled for removal 13June2023. [Students facing deportation camp out and rally at CBSA office | The Star]

Status of CBSA Cases

• The cases reported in the media are linked to three large scale investigations into potentially fraudulent Letters of Acceptance and study permits dating back to 2018, conducted by the Canada Border Services Agency with support from IRCC.
• The projects originally started as probes into Indian nationals who had elements of criminality and organized crime. The projects go beyond Indian foreign nationals, implicating also Vietnamese and People’s Republic of China nationals.
• As of April 13, 2023, IRCC has identified 1,485 Study Permit applicants linked to these three LSIs. Of those:
  • 976 applications were refused;
  • 36 applications are in progress;
  • 25 applications were closed for “other reasons” (abandoned or withdrawn) and;
• 448 applications were approved (possible number of students in Canada). The CBSA has referred 82 files to the Immigration and Refugee Board (IRB) for an Admissibility Hearing.  As of May 25, 2023, there have been 57 removal orders issued by the IRB. CBSA has removed 8 individuals and 10 have voluntarily departed.
• The investigations are ongoing. If there are any suspected organizers located in Canada, the information will be referred to CBSA Criminal Investigations to pursue criminal charges. CBSA Criminal Investigators do not have authority to investigate crimes committed outside of Canada.