“The Immigration Refugee Protection Act offers me discretionary authority which I believe should be exercised in the present context”

SEAN Fraser, Minister of Immigration, Refugees and Citizenship (IRCC), on Wednesday made it clear that international students who are not found to be involved in fraud will not face deportation.

He said that he had already struck a taskforce that will work closely with the Canada Border Services Agency (CBSA) to identify the victims.

Fraser added that preliminary Temporary Resident Permits will be issued if they are required to prevent an imminent deportation for anyone under review.

However, the minister also noted that other foreign nationals had no intent of pursuing higher education and some of them had even been involved in organized crime.

Last Monday, Fraser in response to a query by NDP’s Critic for Immigration, Refugees and Citizenship, Jenny Kwan, had reiterated in Parliament that the 700 Indian students, mainly from the state of Punjab, “will have an opportunity to remain in Canada.”

Kwan, who has taken up the students’ case in a very forceful way, said in Parliament: “International students who have been defrauded by crooked consultants should not be punished with deportation and inadmissibility based on misrepresentation. They have invested everything they have for a better future. They work hard, they study hard and under very difficult conditions. They are under enormous strain and their lives are in limbo. The Liberals can eliminate this uncertainty by allowing them to stay in Canada and build the lives of their dreams.”

Conservative Leader Pierre Poilievre had also demanded in Parliament a halt to the deportation of Punjabi international students, pointing out: “They came here, they followed the law, they studied. Many of them completed their programs, and it was the incompetent Liberal government that had accepted the letters in the first place.”

 Here is Fraser’s statement:

“There have been recent reports of international students and graduates facing removal from Canada, after letters of acceptance submitted as part of their study permit application were determined to be fraudulent.

“Many of these international students sincerely came to Canada to pursue their studies at some of our world-class institutions and were duped by bad actors who claimed to be helping them in their immigration application process. Other foreign nationals had no intent of pursuing higher education, and used fraudulent acceptance letters to take advantage of Canada’s immigration system. Within this cohort of individuals, some have been involved in organized crime. 

“I understand that this situation is distressing for those affected by unscrupulous actors, and I want to assure them that their well-being is of paramount importance. As a result, I have already struck a taskforce of my officials and have asked them to work closely with the Canada Border Services Agency (CBSA) to identify the victims of fraud; that is, those students who came to study here in Canada and did exactly that. 

“I want to make it clear that international students who are not found to be involved in fraud will not face deportation. The Immigration Refugee Protection Act offers me discretionary authority which I believe should be exercised in the present context. Therefore, if the facts of an individual case are clear that an international student came to Canada with a genuine intent to study, and without knowledge of the use of fraudulent documentation, I have provided instructions for officers to issue a Temporary Resident Permit to that individual.

“This will ensure that these well-intentioned students and graduates can remain in Canada, and ensure that they are not subject to the five-year ban from re-entering Canada that normally follows in cases of misrepresentation. While this process runs its course, preliminary Temporary Resident Permits will be issued if they are required in order to prevent an imminent deportation for anyone under review.

“Further to my instructions to officials, Immigration, Refugees, and Citizenship Canada (IRCC) has been working even closer with Designated Learning Institutions (DLIs), provinces and territories, and organizations representing Canada’s colleges and universities to better detect and combat fraud, and uphold the integrity of our immigration programs. We are taking every opportunity to crack down on dishonest and fraudulent consultants who seek to abuse Canada’s immigration system and take advantage of those seeking to visit, work, study or settle here in Canada. 

“The Government of Canada’s focus is on identifying those who are responsible for the fraudulent activity and not on penalizing those who may have been affected by fraud. 

“We recognize the immense contributions that international students make to our country, and we are committed to providing a path to Canada that is honest and transparent. All applicants must continue to ensure that, before applying for a study permit, they do their research, have an acceptance letter from a DLI, and refer to the official website to get information about our programs. If you believe you have been deceived by an unscrupulous consultant, we urge you to come forward and report fraud.”

MEANWHILE, NDP MP Kwan, while welcoming Fraser’s announcement, noted: “However, the minister failed to say if he’ll waive inadmissibility on the basis of misrepresentation or grant a pathway to permanent status for the students as called for systematically by the NDP. New Democrats urge the Minister on act on those quickly.”

She added: “While the task force evaluates these cases, the government must also ensure that these students will be able to continue to work or study in Canada—otherwise they cannot survive. If they don’t have an open work permit or study permit, they cannot afford rent or food. And these students have already invested everything they had to come study in Canada. The Minister must urgently act to ensure they are supported.”

Kwan said: “We cannot ignore the impactful and strong advocacy by the community and the students themselves calling on the Liberal government to take action. It is admirable to see mothers from the South Asian community looking after international students as their own children. A sense of compassion and action from the community makes a big difference in the lives of these students away from their own families.”

She added: “These students can count on me and the NDP to continue to advocate for them.”
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Immigration Minister says defrauded Indian students will have opportunity to remain in Canada