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“Ghost” immigration consultants alive and kicking, only few prosecuted

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Despite growing complaints, few “ghost” immigration consultants are prosecuted

New laws mean heavier sentences and fines for unscrupulous immigration consultants, but many say it’s still a Wild West out there.

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Marsha Rose Marie Tomlin, left, was assisted by licensed immigration consultant Marva Yvonne Kollar, right, in her complaint about an unlicensed consultant. 

NICHOLAS KEUNG / TORONTO STAR Order this photo

Marsha Rose Marie Tomlin, left, was assisted by licensed immigration consultant Marva Yvonne Kollar, right, in her complaint about an unlicensed consultant.

 By:  Immigration reporter, Published on Sat Oct 11 2014

Three years after Ottawa launched a new regulatory body to police the immigration consultant industry, critics say there are as many illegal “ghost” consultants as ever preying on would-be immigrants.

“It is still a Wild West,” says Francisco Rico-Martinez, co-director of Toronto’s FCJ Refugee Centre. “The ghosts still operate out there. People still fall victim to them.”

Experts say that despite stiffer new penalties for those who operate without licences or oversight, unscrupulous consultants continue to take advantage of refugee claimants and immigration applicants struggling to navigate Canada’s confusing and ever-changing system.

A few of these ghost consultants, who sometimes counsel clients to commit fraud, have been arrested and charged under the new laws, which provide for up to five years in jail and $100,000 in fines.

Rico-Martinez complains that when complaints are made to the Burlington-based Immigration Consultants of Canada Regulatory Council (ICCRC), it has no power to police ghost consultants.

Instead, it’s up to the Canada Border Services Agency (CBSA) to investigate.

“When you complain to the Canada Border Services Agency,” Rico-Martinez continues, “they don’t even respond. Little has changed. Nobody really does anything about these ghost consultants. That’s why they are still operating.”

While the immigration department and ICCRC do caution the public against the use of unauthorized consultants on their websites, Rico-Martinez says, it’s still a “buyer beware” scenario.

Rico-Martinez served as a community member on the board of the old consultants’ regulator, which was probed in the Star’s 2007 investigative series Lost in Migration. The federal government replaced it in June 2011 with the ICCRC. Migrants’ advocates, lawyers and regulated consultants have praised the new body for its better governance and transparency of the sector.

However, everyone — including the council’s own head — concedes it has limitations when it comes to going after ghost consultants.

“We have no authority to take any action against non-members,” says ICCRC chief executive officer and president Bob Brack, who spent three decades working for Citizenship and Immigration, including stints at seven visa posts. “All we can do is accept the complaints and pass them on to CBSA. We do everything we can, but we are a small organization of 25 staff.”

Citizenship and Immigration Canada said in a statement that the department takes all immigration fraud very seriously and has cracked down on crooked consultants by making it an offence for anyone other than an accredited immigration representative to offer immigration services at a fee.

(..)


B.C.: Richmond man investigated on suspicion of advising hundreds of people to lie on citizenship applications

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Immigration fraud in Western Canada remains steady

There were 31 cases last year

Martin MacMahon

VANCOUVER (NEWS1130) – Last week we learned a Richmond man is being investigated on suspicion of advising hundreds of people to lie on citizenship applications.

But just how often does immigration fraud happen in Western Canada?

“On the immigration side of things, we see a variety of different cases that range from human smuggling, to immigration consultant fraud, marriages of convenience and hiring foreign nationals without authorization,” says Harold Wuigk with the Canada Border Services Agency.

There were 31 cases of immigration fraud last year, and we’re on track for a similar number, with 29 investigations under way in 2014, according to the CBSA.

“That can range from things like altering passports to show false immigration records, altering applications that come into Citizenship and Immigration Canada,” says Wuigk.

Those who attempt immigration fraud can get hit with severe penalties, with cases involving manipulation of passports holding maximum prison sentences of 14 years.

RICHMOND, B.C.: Xun Wang charged in massive citizenship fraud scheme

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Chinese passports have been seized by Canadian Border Services Agency after a “significant” fraud scheme was uncovered..

 

A Richmond man planned to help at least 165 people obtain Canadian citizenship by committing fraud, according to the Canada Border Services Agency.

Charges related to immigration fraud have been laid against Xun Wang, who is alleged to have been involved in a “significant” immigration scheme, said border officials.

Wang is said to have lied about the applicants’ residency status by creating a fictitious appearance of permanent residency, a precursor to citizenship.

CBSA released a statement concerning the case on Thursday:

“The CBSA’s Criminal Investigations Section conducted a lengthy investigation into the activities of Wang’s two unlicensed immigration consulting businesses, which offered services in Metro Vancouver. During the execution of search warrants, CBSA investigators discovered a complex immigration fraud scheme. Wang has been charged with six Immigration and Refugee Protection Act (IRPA) offences and four Criminal Code offences, including allegations of advising foreign nationals to provide misleading and untruthful statements on their permanent resident card renewal applications, forgery and fraud.”

Wang is also charged with one count of tax evasion and two counts of fraudulently obtaining refunds or credits under the Income Tax Act.

CBSA worked in conjunction with the Canada Revenue Agency to nab Wang on the charges.

“Immigration fraud is a criminal offence in Canada and damages the integrity of our immigration system. The CBSA takes this issue very seriously and works closely to identify, investigate, and prosecute those engaging in immigration fraud to the full extent of the law.” stated CBSA’s chief of investigations Doug Mossey.

(…)

@WestcoastWood

gwood@richmond-news.com

© Richmond News

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GTA: Marek Albinowski, Wladyslaw Pipient and Robert Fitzsimmons charged with human smuggling

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Charges laid after Polish nationals smuggled into U.S. through Ontario

The Canadian Press
Published Tuesday, December 2, 2014 5:08PM EST

CORNWALL, Ont. — Three Ontario residents have been charged with human smuggling after RCMP say Polish nationals were illicitly transported into the United States through a First Nation near Cornwall.

The Mounties say their probe began eight months ago, after U.S. authorities discovered three people from Poland there illegally.

It’s alleged the three accused would meet Polish nationals at Toronto’s Pearson airport or Trudeau International Airport in Montreal and then drive them to Akwesasne Mohawk Territory.

RCMP say they would then enter the U.S.

Sixty-five-year-old Marek Albinowski of Toronto, 69-year-old Wladyslaw Pipient of Markham, and 58-year-old Robert Fitzsimmons of Cornwall are charged with smuggling-related offences, while Albinowski also faces one count of possession of property obtained by crime

They were due in court on Tuesday.

Read more: http://toronto.ctvnews.ca/charges-laid-after-polish-nationals-smuggled-into-u-s-through-ontario-1.2129660#ixzz3KnbiKT00

TORONTO: Imelda Fronda Saluma arrested in immigration scam

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CTV Toronto
Published Thursday, February 5, 2015 8:00AM EST
Last Updated Thursday, February 5, 2015 6:51PM EST

Toronto police have arrested a woman in connection with their investigation of an immigration scam that allegedly defrauded hundreds of foreign applicants of more than $1.5 million.

Police said they began their investigation on GoWest Jobs International last October. GoWest, located near Keele Street and Finch Avenue West, claims to be a recruiting agency that deals with immigrant workers.

The suspect was “selling hope,” Det. Const. Erwin Mendoza told CTV Toronto on Thursday.

“Someone was proposing that, ‘Hey, if you go through me, I can get you to someplace to where you want to be or someplace better.”

Go West allegedly recruited applicants in foreign countries for jobs in Canada, requesting payment for documents, references and employment contracts, which would then be provided to the applicants.

But, police said, because the documents were fakes, the applicants would be denied entry to Canada. The applicants would also be banned from re-applying to enter Canada for two years.

Police allege that GoWest made more than $1.5 million in fees from over 500 applicants coming from six different countries. Many of the foreign applicants are of Filipino descent, police said.

One of the victims, 46-year-old personal support worker Agnes Aquino, claims her family in the Philippines gave more than $24,000 to GoWest.

“I’m really upset,” Aquino said. “They sell their house, their farm, they borrow money … with so much interest.”

Officers believe there may be more victims. Anyone with any information on this case is asked to contact police at 416-808-3100, or Crime Stoppers anonymously at 416-222-TIPS (8477).

Imelda Fronda Saluma, 46, was arrested and appeared in court on Wednesday. She faces 39 different charges related to fraud and making fake documents.

CTV Toronto has learned that Saluma was also charged by Halton Regional Police last month and is facing two counts of fraud over $5,000.

Read more: http://www.ctvnews.ca/canada/filipinos-among-victims-targeted-in-1-5m-immigration-scam-toronto-police-1.2221835#ixzz3R59sIk00

TORONTO: Former immigration consultant Nageshwar Rao Yendamuri faces 88 immigration fraud charges

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 Kendra Mangione, CTVNews.ca Writer

Published Friday, April 10, 2015 12:32PM EDT
Last Updated Friday, April 10, 2015 12:53PM EDT

A Toronto man is facing 88 charges in connection with a months-long immigration fraud investigation.

Nageshwar Rao Yendamuri, a regulated immigration consultant, was charged at the end of a 14-month investigation into his conduct, the Canada Border Services Agency said in a statement Friday.

Yendamuri worked as a consultant with the Immigration Consultants of Canada Regulatory Council, the national regulatory authority designated by the Government of Canada.

The ICCRC is meant to safeguard those who seek Canadian immigration advice and representation, the website says.

All immigration consultants — working in Canada or abroad — who provide Canadian immigration services for a fee must be registered with the ICCRC.

(…)

Yendamuri is accused of submitting multiple immigration applications on behalf of religious workers for temporary resident visas, visitor extensions and visitor status restoration. Border agents allege he supported the documents with forged and/or fabricated documents.

He is currently out on bail with a $100,000 bond and several conditions, including that he not have contact with any witnesses who will be called to testify against him, and that he not conduct any immigration-related work.

The investigation is ongoing. Anyone with more information, or details on any other suspicious cross-border activity, is asked to call the CBSA at 1-888-502-9060. All calls are confidential.

EDMONTON: Indo-Canadian community and recent immigrants targets of immigration scam

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‘I suspect a lot of people would give out the money to these people’

CBC News Posted: May 08, 2015 2:57 PM MT Last Updated: May 08, 2015 7:52 PM MT

Vasant Choati got a call Thursday from a scammer claiming to be with Immigration Canada.Vasant Choati got a call Thursday from a scammer claiming to be with Immigration Canada. (CBC)

Vasant Chotai got a scary phone call on Thursday.

It was a long distance call, and when he answered the caller knew his name and address, and knew he was an immigrant.

The caller told Chotai he was from Immigration Canada, and said he would put his “supervisor” on the line.

“He told me the government was reviewing files of all the immigrants for the last 60 years,” Chotai said, “and they’re looking at any discrepancies in the files.”

He was told he hadn’t provided his “permanent resident” number to the embassy in Kenya, back when he moved here in 1970. He was told the call was being recorded, and anything he said could be used against him in court.

The “supervisor” said there were two ways to solve the problem. He could either send the RCMP to the door in 45 minutes, or Chotai could give them his “PR” number and pay a penalty.

“It felt a little bit scary,” Chotai said. But he quickly realized it was a scam.

Edmonton police say several members of city’s Indo-Canadian community, and other recent immigrants, have been targets of the same scam, which threatens people with deportation if they don’t hand over thousands of dollars.

Police have received numerous reports about the scam, which appears to have started in April.

Like Chotai, complainants reported they have been called by people who claim to work with Canada Revenue Agency, Canadian Security Intelligence Service, Immigration Canada or the police.

The fraudulent callers tell people they have not filed their taxes properly, or have not registered as immigrants. The fraudsters then make threats about possible arrest warrants, jail time, loss of immigration status and deportation.

Chotai wasn’t fooled, but he’s worried the scammers could take information people mistakenly give them and use that to create false immigration papers, then sell them to people overseas.

“I could see the threat that was coming from the other end,” he said. “The whole scam was quite well-prepared. I can see new immigrants getting scared of that. I suspect a lot of people would give out the money to these people.”

‘You are not alone’

Const. Pritpaul Bhui, a community liaison constable with the southeast police division, said the scammers have targeted several people in the immigrant community.

“If you suspect you have been a target of fraud or if you have already sent funds, you are not alone,” said Bhui. “Many of the complainants are not familiar with Canadian law, and are afraid of deportation threats.”

The scammers tell people to buy PayPower Visa prepaid cards or gift cards in various amounts. Police say gift cards have been purchased from retailers around Edmonton, including grocery stores and gas stations.

The victims are then told to provide the information from the back of the gift cards to the fraudsters over the phone.

“Retailers selling gift cards should also be aware of these types of scams,” said Const. Bhui. “In one incident, a retailer informed the complainant they were being scammed and advised them to report the occurrence to police.”

Police say people who are suspicious about a call from a federal agency should ask for more details and call the agency back to confirm the request is genuine. They can also call police to advise them of the potential fraud.

Those who have already sent in funds or have been contacted by a suspicious person should contact Edmonton police at 780-423-4567 or Crime Stoppers at 1-800-222-8477.

Detecting marriage fraud in Canada called ‘racist and offensive’

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Photograph by: Pat McGrath, Ottawa Citizen Mohamed Soumah, was by all accounts deported back to his native country of Guinea in West Africa. He had walked out on his 2007 marriage to Towell three weeks after uttering his wedding vows

May 20, 2015 | Vote 0   0

Liars or in love? Detecting marriage fraud in Canada called ‘racist and offensive’

Red flags include Chinese marrying non-Chinese, small wedding receptions, an uneducated Canadian with a low-paying job or on welfare trying to sponsor a foreign spouse

Hamilton Spectator

Sean Saulnier married his Brazilian wife in their backyard last May. They didn’t kiss on the lips for photos. There was no diamond ring and no family in attendance.

According to a leaked training guide meant to help immigration officials detect marriage fraud, the Victoria, B.C., couple’s marriage would have raised a bunch of red flags as a “non-genuine” relationship.

The three-page training guide, titled “Evidence of Relationship,” lists clues officers should look for in assessing a spousal sponsorship application. Ostensible warning signs that it’s a sham marriage include: couples who are not depicted kissing on the lips in their wedding photos; university-educated Chinese nationals who marry non-Chinese; a small wedding reception in a restaurant; a Canadian sponsor who is relatively uneducated, with a low-paying job or on welfare.

Other red flags include couples who don’t take a honeymoon trip, perhaps because they were students or lack the financial resources to do so; no diamond ring; and photos of activities together taken in Niagara Falls, Niagara-on-the-Lake and Toronto.

The training material, obtained under an access to information request and posted online by immigration lawyer Steven Meurrens, has created an uproar on social media among some Canadians and their foreign-born spouses.

“We all thought it was a joke. There’s no way this was real. Then we found out the guide was real and it was like, ‘Oh, my God, this is discriminatory. It’s against the Charter,’” said Saulnier, 37, who met his wife, Juliana, 35, while she was studying English in Toronto in 2011.

“I was born in Canada. This is racist and offensive. I’m just floored that this is accepted as criteria Immigration uses in judging the validity of my relationship,” added the software executive, whose wife is among thousands of foreign spouses waiting for long periods — the current average is 26 months — to be granted permanent residency.

Citizenship and Immigration Canada denied that the training material was racist and insisted all spousal applications from around the world are assessed equally, against exactly the same criteria, regardless of country of origin.

“The specific document you are referencing was an ad hoc document issued to officers nearly five years ago in response to an observed temporary spike in cases of marriages of convenience,” department spokesperson Nancy Caron told the Star.

“The instruction has not been active for more than three years, as the conditions that led to the instruction being issued subsequently changed.”

CHAD HIPOLITO,Torstar News Service
Sean Saulnier and his wife, Juliana in Victoria, B.C.,

It is the first time the internal immigration training manual on marriage fraud, dated April 2007, has come to public light. Officials previously refused to share the information, citing the importance of keeping the investigative tool free from potential abuse by people wanting to commit immigration fraud.

The eyebrow-raising manual’s content concerns Meurrens, who obtained the guide along with 2,400 pages of other materials, in response to his request for all training manuals used at the Vegreville immigration processing centre in Alberta between 2011 and 2013.

“I am surprised that a Chinese marrying a non-Chinese, or a Canadian who is poor trying to sponsor a spouse, is an indicator of marriage fraud. That they actually put that in writing is surprising,” Meurrens said.

“I’d like to think that most immigration officers would realize how ridiculous that part of training was and would just ignore it.”

Toronto lawyer Avvy Go said the training module confirms her suspicions that there are inherent class and culture biases within the immigration department.

“If this is the kind of training that immigration officers are getting, one really has to wonder about the quality and competence of the officers who are making decisions that will make or break a family,” said Go. “It also calls into question the credibility of the entire decision-making process.”

Angela Rodriguez, from Venezuela, will marry her Canadian fiance, Harold Lopez, 29, on May 29; the couple has planned a small wedding at a Montreal restaurant.

“Of course, since I’m not allowed to work and Harold is a freelance video editor, we can only afford a small ceremony in the terrace of a restaurant,” said Rodriguez, 29, who met Lopez in Venezuela in 2007 and joined him in Canada four years later.

“We toured 16 jewellers to get the most affordable quality rings we could find. We are inviting only 17 people for our wedding and having a picnic the day after, so we can celebrate with a larger group of friends in a more affordable way. And that’s a red flag? We should be able to plan our own wedding, not based on what is acceptable to Immigration Canada.”

Torstar News Service

SIDEBAR

INDICATORS OF A ‘NON-GENUINE’ MARRIAGE

•University-educated Chinese nationals marrying non-Chinese

•Photos without parents or any family members, just a small group of friends

•Private marriage ceremony performed by either a minister or justice of the peace

•Informal reception in a restaurant

•Sponsor is uneducated, with a low-paying job or on welfare

•The couple do not kiss on the lips in photos

•Couples who do not have a honeymoon, not even a couple of days away, usually because of university and/or no money

•There are no “diamond” rings

•Wedding photos done professionally but pictures are very limited

•Some submit photos dressed in pajamas or cooking, to show they are living together

•Photos have them wearing the same clothes in various locations

•Are they touching each other in the photos, or trying not to touch?

•Photos of activities taken in the Niagara Falls area, Niagara-on-the-Lake and Toronto.

Source: Citizenship and Immigration Canada training guide


Toronto-area residents face 37 charges in immigration fraud case

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CBSA alleges Mississauga trio acted as unauthorized immigration consultants

The Canadian Press Posted: Jul 15, 2015 11:56 AM ET Last Updated: Jul 15, 2015 11:56 AM ET

Canada Border Services Agency says three Toronto-area residents face a total of 37 charges in an immigration fraud case. (CBC)

Three Toronto-area residents have been charged in an immigration fraud case by Canada Border Services Agency (CBSA).

(…)

They were charged with several offences under the Immigration and Refugee Protection Act.

Investigators allege Eliza Lazaro and Cecilia Bautista, also known as Cecilia Agtarap, acted as unauthorized immigration consultants, and provided false information to clients and government officials in order to obtain Canadian visas.

They also allege Lazaro’s husband, Bernabe Lazaro, assisted by providing false information in order to obtain visas.

CBSA alleges Eliza Lazaro has been operating as an unlicensed immigration consultant since 2009.

(…)

A total of 37 charges were laid in the case, including misrepresentation and human trafficking.

All three accused appeared in Brampton court last Wednesday.

Unlicensed Richmond immigration consultant Xun “Sunny” Wang let hundreds into Canada illegally

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Unlicensed Richmond immigration consultant let hundreds into Canada illegally: Crown

DAN FUMANO / RICHMOND NEWS 

SEPTEMBER 17, 2015 05:26 PM

CBSA immigration fraud

Chinese passports were seized by Canadian Border Services Agency after a “significant” fraud scheme was uncovered earlier this year

‘Many, many hundreds” of immigrants obtained Canadian citizenship or permanent residence with the help of an unlicensed immigration consultant in Richmond who made millions altering passports, a court was told Wednesday.

Xun “Sunny” Wang appeared at a sentencing hearing in provincial court in Vancouver after pleading guilty to eight charges in connection with his immigration businesses.

Federal Crown counsel Bruce Harper said “definitely many, many hundreds” and possibly “well over 1,000” of Wang’s clients obtained Canadian citizenship or permanent resident status through Wang’s fraudulent businesses.

“There are certainly a great number of individuals whose status in Canada, whether permanent residence or citizenship, is now in question,” Harper said.

Wang’s businesses served more than 1,000 customers between 2006 and 2013, charging more than $10 million for services, court heard.

Along with six counts under the Criminal Code and the Immigration and Refugee Protection Act, Wang has pleaded guilty to two counts under the Income Tax Act, including failing to report $2,722,305 of taxable income from 2007 to 2012.

And, despite the millions earned by his companies, court heard, Wang also claimed several thousand dollars of low-income tax benefits between 2008 and 2013, which Harper compared to robbing a bank, and then stealing the charitable donation can on the way out.

“It adds insult to injury,” Harper said.

Crown is seeking a sentence of seven and a half years.

“The nature of this fraud is beyond any of the precedents,” said Harper. “You aren’t going to find another case of this magnitude.”

Wang’s clients, Harper said, “are not the refugees we’re reading about in the paper in the last week,” but instead “well-to-do” foreign nationals willing to pay for fraud to get into Canada.

Wang’s defence counsel, Ritchie Clark, said an appropriate sentence was two and a half years, after time already served. Wang has been in custody since June. Clark said Wang, a married father of two teenaged boys, deserves consideration for pleading guilty.

(…)

© 2015 Richmond News

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Canada needs proportionate penalties for immigrants caught working illegally

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Canada needs proportionate penalties for immigrants caught working illegally

Reis Pagtakhan explains currently, federal government options include deportation or forgiveness

By Reis Pagtakhan, for CBC News Posted: Nov 28, 2015 6:00 AM CT Last Updated: Nov 28, 2015 6:00 AM CT

When two students were deported after working at Walmart for a short period of time, MP Ralph Goodale opposed the removal of these students.

When two students were deported after working at Walmart for a short period of time, MP Ralph Goodale opposed the removal of these students. (CBC)

In 2012, two foreign students from Nigeria were found to have worked illegally for two weeks at a Regina Walmart.

Because of inflexible immigration laws, the only two options the government had was to forgive the violation or kick the two students out of Canada. The government chose to kick them out of Canada.

The local member of Parliament at the time, Ralph Goodale, opposed the removal of these students.

In the House of Commons, Goodale asked the immigration minister to review the students’ cases and “agree to a more proportionate sanction.”

Today, Goodale is the cabinet minister in charge of enforcing immigration laws.

When Parliament resumes next month, he should push for rules that will provide “a more proportionate sanction” for foreign nationals who work in Canada illegally.

One of the keys to our immigration system is that employers can use the temporary foreign worker program when no Canadian citizens or permanent residents are willing or able to fill jobs.

This “Canada first” rule is essential to make sure Canadians and Canadian permanent residents get the first chance at jobs.

Now, no one is suggesting foreign nationals who work in Canada illegally should get off without any penalties. However, because the choice is deport or forgive, many minor violations go unpunished.

There should be some penalty for violations of the law. This being said, deportation for two weeks of illegal work is disproportionate.

What would have been more appropriate would have been a stiff fine in the hundreds of dollars and a warning that a second violation could result in deportation.

Are fines and warnings appropriate in all cases? Certainly not.

If a foreign national is guilty of a serious violation such as working illegally for years by using forged documents, then jail time, in addition to deportation and a large fine, should be considered.

The need for more proportionate sanctions is even more important now that new rules that provide graduated penalties for employers who violate immigration laws will come into effect next month.

It is only fair that employees be treated similar to their employers.

Under these new employer rules, employers guilty of the most serious immigration offences will still face stiff penalties. For instance, employers who abuse or exploit temporary foreign workers can now be fined up to $1 million, face a 10-year ban from hiring temporary foreign workers and have their company’s name put on a public list of violators.

(…)

 

Chinese investors claim they were guaranteed immigration to Canada, sue Maple Ridge developer

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Chinese investors claim they were guaranteed immigration to Canada

Maple Ridge hotel developer says no one was promised anything in return for investment

By Jason Proctor, CBC News Posted: Dec 11, 2015 5:23 PM PT Last Updated: Dec 11, 2015 5:27 PM PT

Five Chinese investors claim a Maple Ridge developer guaranteed them immigration status in exchange for investment in a hotel.

Five Chinese investors are suing a Maple Ridge, B.C. developer for allegedly guaranteeing them immigration to Canada in exchange for an investment in a proposed hotel.

In two separate British Columbia Supreme Court lawsuits, the plaintiffs claim they agreed to invest a total of $7 million into the project developed by Seiko Huang.

They claim Huang said “he could guarantee the plaintiffs’ immigration into Canada.” But if their immigration applications should be denied, they say they were told they would be entitled to a return of their investments.

Now, all five claim they were denied immigration status and have yet to get their money back.

 

(…)Three of the claimants are also suing the immigration consultants who allegedly introduced them to Huang.

Xiaohong Lu, Aihong Cai and Zhen Ye claim they paid the equivalent of $170,000 each to research immigration opportunities and submit their applications.

The notice of claim says they were told the hotel “was a good investment as Mr. Huang had a good relationship with the City of Maple Ridge officials.”

They claim they were told that in addition to their money, Huang and his partner would be investing an additional $5 million. But the lawsuits claim the developer instead used their money for purposes unrelated to the hotel.

The claimants say they found out their immigration applications had been rejected in December 2013. But they claim their investment has not been returned.

Lu, Cai and Ye also claim the immigration consultants reneged on an agreement to refund 70 per cent of their fees.

 

(…)None of the allegations have been proven in court.

Read the notice of civil claim.

 

HALIFAX: Iraqi Hassan Al-Awaid helped thousands pretend they were in Canada to get around citizenship rules

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Halifax man helped thousands pretend they were in Canada to get around citizenship rules

Google Maps

Al-Batool Islamic Association in Halifax, which immigration consultant Hassan Al-Awaid was president of. (Google maps)

If anyone dialed the Halifax phone number Mohd Morelley wrote in his application for citizenship as proof he was integrating in Canada, it would ring out in an office on the outskirts of Halifax. Someone might answer, but it wouldn’t be Morelley or his wife or three children, who all wanted to be Canadians.

They were all living in Kuwait.

Along with the bogus phone number, Morelley and his family bought a full-service bogus citizenship package from an immigration consultant, including a Halifax address for a home he never lived in, tax returns and employment records for a job he never held, payment of utility bills he never used, ATM withdrawals to show local transactions he didn’t make and a letter from a local Islamic society saying he was deeply involved in the activities at a mosque he didn’t attend.

My office is one of the famous offices in Nova Scotia

Everything needed to create a pretend life in Canada.

Morelley’s phantom phone — and fake life — were far from unique: more than 140 cell phones, labeled with the number and name of a client, were organized in the Bedford Highway office of the Canadian Commercial Group, run by immigration consultant Hassan Al-Awaid.

On the federal government’s website, in no fewer than 21 languages ranging from Arabic to Vietnamese, people looking to immigrate to Canada are warned to be on the lookout for fraud and to stay away from unauthorized consultants.

Don’t be the victim of a scam, the site warns.

And don’t be tempted into using false documents.

Despite the government’s efforts to regulate the industry, however, large numbers of unlicensed consultants continue to operate under the radar, sometimes going to great lengths to dupe the system — or their clients — and making loads of money doing it.

Last fall, Xun Wang, an unlicensed consultant in Richmond, B.C., was handed a stiff seven-year sentence for carrying out one of the biggest immigration frauds authorities say they’d ever seen involving doctored passports and other forged documents.

While that prosecution was successful, critics say so-called “ghost consultants” continue to operate largely in an enforcement vacuum

Read more …

At least 1,244 clients were listed in Al-Awaid’s files, most accompanied by family members.

And he is but one of several crooked consultants caught recently peddling easy ways around the residency (and other) requirements for foreigners to gain Canadian citizenship.

(…)

Hassan Al-Awaid, 62, an Iraqi national, worked in public relations and marketing for a government-owned petrochemical company in Kuwait before immigrating to Canada in 1992 and settling in Nova Scotia, where he and his wife had three children, including twin girls.

(…)

 

Some immigration consultants violating rules of private refugee sponsorship program

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CBC INVESTIGATES

Some immigration consultants violating rules of private refugee sponsorship program

Syrians in Gulf states being asked to pay settlement funds that are supposed to be paid by private sponsors

By Laura Lynch, Ghalia Bdiwe, CBC News Posted: Apr 19, 2016 5:00 AM ET Last Updated: Apr 21, 2016 6:00 PM ET

Media placeholder
John McCallum to investigate immigration consultant fees 2:16
CBC News has learned about a troubling aspect of the drive to bring Syrians to Canada: professional immigration consultants, in partnership with some refugee sponsorship groups, are charging refugees thousands of dollars in arrangements that critics say are unethical and violate federal rules on sponsorship.

The immigration consultants have been targeting Syrians living in the Gulf states, many of whom are there on work permits and are able to earn a living. In that sense, they are potentially a more lucrative client base than those in refugee camps in Jordan, Lebanon and Turkey.

The consultants advertise on social media and make visits to the region, setting up shop in five-star hotels.

Arrival at the airport

Edmonton resident Nhung Tran-Davies welcomes a family of Syrian refugees she helped to sponsor in March. Canadians across the country have been raising money to privately sponsor Syrian refugees, but a CBC investigation has found that some Syrians coming from Gulf states are being asked to pay the cost of their resettlement up front by immigration consultants who are also charging thousands of dollars to process their applications. (Terry Reith/CBC)

In the case of one such agency, information available online and documents obtained by CBC News reveal that the consultant is not only charging prospective refugees thousands of dollars to process their applications but also asking them to pay the full cost of their resettlement up front, which violates the financial guidelines of the Private Sponsorship of Refugees Program.

“I find it appalling, honestly,” said Toronto lawyer Jackie Swaisland, who is part of a network of lawyers, immigration consultants and law students that has helped hundreds of refugees get to Canada without charging for their services.

Canada has resettled more than 26,000 Syrian refugees since last November, about 9,000 of whom are privately sponsored and another 2,225 of whom receive a combination of government and private funding.

Facebook ad caught the eye of refugee

Ahmed is a Syrian refugee trying to come to Canada from Dubai. The 35-year-old man, who asked that his name be changed to protect relatives who still live in Syria, has no permanent status in the United Arab Emirates and cannot return to Syria.

“Politically, I am opposite the regime in Syria. I cannot be there,” he said in an interview with CBC News.

Abeer Qita

Abeer Qita runs a an immigration consulting firm named Fast to Canada, based in Mississauga, Ont., together with her husband. She charges $5,000 to process refugee applications and says others in the industry charge much more.

Like many other Syrians who fled the civil war, Ahmed learned about Canada’s plan to welcome 25,000 Syrian refugees last year. He saw an ad on Facebook for a Canadian immigration consultant named Abeer Qita, who runs a Mississauga, Ont.-based company named Fast to Canada (FTC) with her husband.

He met with Qita in a hotel in Dubai to discuss how she could help him get to Canada.

“She said, ‘It’s OK, I will try to help you,'” Ahmed said.

He says she urged him to act fast to take advantage of Canada’s private sponsorship program, but the more he communicated with Qita, the more wary he became.

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Consultants charging refugees thousands of dollars5:27

She sent Ahmed a retainer agreement that laid out her $5,000 fee plus a series of other charges. He shared the agreement with the CBC.

Notably, the document requires that refugee applicants pay the full cost of their resettlement prior to arriving in Canada — once their application is assigned a file number by Immigration, Refugees and Citizenship Canada (IRCC). The amount requested ranges from $12,000 for one person to $32,000 for a family of six (corresponding to government estimates of the minimum financial support required from sponsors).

Fast to Canada

Fast to Canada advertises on Facebook and travels to the Gulf states to offer its consulting services to refugees. It promises to speed up the refugee application process by helping applicants submit the necessary paperwork. (CBC)

The Fast to Canada agreement specifies that the settlement funds are to be held in trust by the Canada Newcomers & Immigration Association (CNIA) and disbursed in 12 monthly instalments once the refugees are in Canada. CNIA is a non-profit group that provides services to refugees in the Greater Toronto Area and works with designated sponsorship agreement holders to co-sponsor refugees.

Sponsors, not refugees must pay settlement funds

Under the private sponsorship program, individuals or groups who want to sponsor a refugee must raise enough money to support them for a year. If refugees become financially self-sufficient before the year is up, sponsors no longer have to support them but do have to keep adequate funds on hand for the full year.

Yosief Araya

Yosief Araya, manager of the refugee sponsorship training program at Catholic Crosscultural Services in Toronto, says requiring refugees to pay the cost of their own resettlement up front leaves them vulnerable to exploitation because they have no recourse if they lose that money before ever making it to Canada. (CBC)

But, according to the IRCC, “privately sponsored refugees cannot be made to prepay or repay their own settlement costs” — nor can they be donors to any trust fund set up by sponsors to cover those costs.

Once in Canada, they are “expected to contribute to their own settlement costs from funds they bring to Canada or earn during their sponsorship period.”

Yosief Araya, manager of the refugee sponsorship training program at Catholic Crosscultural Services in Toronto, says the reason refugees can’t be made to pay the money in advance is to protect them from being exploited.

‘We sincerely and diligently work for refugees.’Bashorat Mohammed, Canada Newcomers & Immigration Association

The Fast to Canada agreement also says applicants must pay $750 to CNIA (a $500 “donation,” which will be refunded if the applicant is rejected; $200 in administrative costs; and a $50 “membership fee”).

According to their agreement with IRCC, sponsoring groups cannot charge more than $100 in administrative costs per application.

When contacted by CBC, CNIA said it encourages those who are able to make a donation to do so but does not require it or specify an amount.

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“We provide our services only through volunteers,” CNIA manager Bashorat Mohammed said in an emailed response. “We sincerely and diligently work for refugees.”

The association said that Fast to Canada’s agreement with its own clients does not concern CNIA.

It said the money CNIA collects comes from fundraising and contributions from refugees’ relatives and friends and individuals and businesses in the community.

“None of Fast to Canada’s clients have deposited their settlement funds into our account,” CNIA said in an email to CBC News. “Fast to Canada will have to once we reach an agreement.”

‘We work for profit’

Normally, refugees applying to come to Canada are required only to pay for medical checks and the cost of their travel, and in some cases, these costs are waived or covered by a loan from the federal government.

But in an interview with CBC News at her office in the Toronto suburb of Mississauga, Qita said she is not doing anything wrong by charging refugees and that other consultants are asking thousands of dollars more than she is.

“You cannot offer the service free,” she said
.

‘We work for profit. We are not working [for] free.’Osama Ebid, CEO of Fast to Canada

​Qita said she’s currently handling more than 550 refugee applications, mainly for Syrians living in the Gulf states, but it is not clear how many of those have paid the settlement funds and fees she requested. At her current rates, the processing fees could total $2.75 million.

Qita said her services include not just processing the application but also monitoring the sponsorship throughout the first year to make sure her client’s sponsors are providing adequate support and that refugees are not resorting to government assistance.

“It is normal for an immigration consultant to charge fees for their time,” she said. “The support, the quality of work, the service you’re providing those people … this is what makes you special.”

Osama Ebid

Osama Ebid, CEO of Fast to Canada, made no apologies for his company’s fees. ‘We work for profit,’ he told CBC’s Laura Lynch, right. (CBC)

Qita’s husband, Osama Ebid, stressed that Fast To Canada is a “private company.”

“We work for profit. We are not working [for] free,” he said.

On the subject of settlement funds, Ebid, who is the company’s CEO, said it is CNIA asking for that money and that he did not know whether it was against the rules to do so.

“Those people (privately sponsored refugees from Gulf states), they have — or their friends have — enough money to give it to the association to be able … to cover their living costs,” he said.

Ebid later asked, rhetorically, whether Canadians would rather accept poor refugees who have to rely on government support or those who can pay their own way.​

Not an isolated case

CBC News knows of several other immigration consultants charging fees that range from $3,000 to $6,400 per person, plus thousands of dollars more in “donations” and settlement costs.

While immigration consultants are allowed to charge whatever they want for their services, Swaisland says charging refugees who are fleeing the Syrian civil war thousands of dollars is wrong.

Jackie Swaisland

Toronto lawyer Jackie Swaisland works with other lawyers and immigration consultants to process applications on behalf of refugees for free and says she is appalled that some consultants charge thousands of dollars for the same service. (CBC)

“There are still people who are incredibly vulnerable. There are still people who don’t know what tomorrow holds for them, or they are in dire circumstances,” she said.”So, to sort of charge those individuals, even if they can technically afford to pay for it, a large fee for your services, I think that becomes unethical.”

‘Sometimes, desperate people take risks even if they know that something wrong was going on.’Abdullah

Immigration consultants in Canada are accredited by a regulatory council that oversees approximately 3,600 members. The council’s communications director, Daniel Roukema, said he cannot comment on a specific consultant’s practices unless a formal complaint has been lodged and investigated.

The council’s guidelines say fees “must be fair and reasonable.”

“Reasonable fees is something that we expect them to determine themselves,” Roukema said.

Any dispute over fees must be resolved in the courts, he said.

Abdullah (not his real name), a Syrian refugee living in Abu Dhabi who has met with three different consultants, considers the consultants’ fees high but says that he and other Syrians are desperate enough to pay them.

“Sometimes, desperate people take risks even if they know that something wrong was going on,” he said “We search for hope.”

The Association of Sponsorship Agreement Holders said it is concerned about reports of dubious practices. The association, composed mainly of church and community organizations that work with local groups like CNIA to privately sponsor refugees, says it has reminded its members that violating the rules of the sponsorship program would void the agreements they have with IRCC.

Since CBC began asking questions, Qita has posted a notice on her company’s Facebook page offering to refund the money of anyone whose application is being processed but no longer wants to use Qita’s services.

Ahmed said he may put in a request to get back the $500 he paid to Qita before he decided to stop working with her. He is still searching for a way to come to Canada.

Corrections

  • A previous version of this story mistakenly stated that Ahmed paid $1,000 to Fast to Canada. In fact, the company only ever redeemed $500 from Ahmed, because the first of two contracts he signed with Fast to Canada was cancelled.
    Apr 21, 2016 5:59 PM ET

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Canada’s immigration system vulnerable to fraud, says lawyer

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Canada’s immigration system vulnerable to fraud, says lawyer

‘It’s not a perfect system by any stretch’

CBC News Posted: Apr 27, 2016 9:17 AM ET Last Updated: Apr 27, 2016 9:17 AM ET

Windsor immigration lawyer Eddie Kadri says an alleged case of misinformation on a passport shows there are cracks in Canada's immigration system.

Windsor immigration lawyer Eddie Kadri says an alleged case of misinformation on a passport shows there are cracks in Canada’s immigration system. (Jonathan Pinto/CBC)

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A Windsor, Ont. immigration lawyer says an alleged case of passport fraud in Windsor may be only one of many cases to slip through the cracks in Canada’s immigration system.

“We have a good system [but] it’s not a perfect system by any stretch,” Eddie Kadri told CBC Radio’s Windsor Morning. “Professionals like myself are advocating to change and close these cracks where people slip through, because it happens all the time.”

Kadri was commenting on the story of Jonathan Nicola, a native of South Sudan who is accused of lying about his age to come to Canada — though Kadri doesn’t have direct knowledge of the case.

Nicola is accused of entering the country using false information on his passport from South Sudan.

Canada Border Services Agency officials allege he came to Canada in November 2015 on a student visa to study in Windsor until January 2017.

When he entered the country, Nicola’s passport and visa application listed his birth date as November 1998. But when he applied for a U.S. visitor visa in April 2016, his fingerprints matched an individual who’d already applied for a visa with a birth date in November 1986, the CBSA alleges.

If the allegations are proved, that would make him 29, not 17, as his documentation suggests.

Nicola said he doesn’t know his true age, according to transcripts from testimony at an Immigration and Refugee Board detention review hearing April 19. An IRB adjudicator ruled she did not believe that to be true.  

Nicola is being detained at the South West Detention Centre in Windsor until another detention review hearing May 24. But he could have an admissibility hearing to determine whether he can stay in Canada this week.

Kadri said Canadian immigration rules rely on honesty, something that could be defeated with false documents.

“A big component of our immigration system relies on honesty. There’s no way we can verify everything that people say,” Kadri said. “But certainly with respect to someone’s age … that attacks the credibility of our system. If we can’t get that right, it’s a cause for concern for everyone.”

To hear Kadri’s full interview with Windsor Morning’s Tony Doucette, click on the media player below.

 


Marble Restaurants Ltd. pleaded guilty to illegally employing foreign worker

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A local restaurant group has been slapped with stiff fines after illegally employing a foreign worker.

Marble Restaurants Ltd. pleaded guilty June 28 to employing a foreign national without authorization and failing to follow the terms of a labour market impact assessment.

The group, which has a website listing a number of Pizza Huts across the city under its ownership, was sentenced to pay $14,000 in fines and an additional $3,500 in restitution to the victim under the Immigration and Refugee Protection Act.

Between February 2014 and April 2015, Shamez Jivraj, director of the group, employed a woman as a housekeeper and part-time caregiver in his home, despite having received authorization to only employ her as a food counter attendant at the restaurant, Canada Border Services Agency said Tuesday in news release.

“Employers who attempt to circumvent Canadian immigration laws and take advantage of vulnerable temporary foreign workers will be prosecuted to the full extent,” Kim Scoville, regional director general of the Canada Border Services Agency’s Prairie region, said in a written statement. “This sentencing is evidence of that.”

Jivraj did not adhere to hours or the occupational role set out by the labour assessment and continued to pay the woman as an employee of Marble Restaurants, the news release added.

This marks the third case this year of sentencing under the Immigration and Refugee Protection Act in Edmonton.

 

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About 1,400 immigrants a year ordered removed from Canada for residency non-compliance

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The number of permanent residents issued removal orders at port of entry has risen from 605 in 2008 to 1,413 in 2014.

An average of about 1,400 Canadian immigrants are intercepted at the border each year and ordered removed from the country for not fulfilling their residency obligations, the Star has learned.

Although these newcomers can appeal to a tribunal to restore their permanent resident status under humanitarian considerations, only one in 10 succeeds in the process, according to government data.

“The tribunal is supposed to be immigrants’ last resort as the Parliament has given it the discretionary power to give immigrants a second chance if they breach the law,” said immigration lawyer Lawrence Wong, who obtained the data through an access to information request.

“But that second chance in reality is hard to come by. The national sentiment is pretty much the same. If you are an immigrant, don’t make a mistake. If you do, we want to see you kicked out.”

It’s believed to be the first time data about the loss of permanent residency at ports of entry has been made public, revealing the extent of residency noncompliance among immigrants trying to get back to Canada after lengthy stays overseas, said Wong.

Canada’s immigration law requires permanent residents to be physically present in Canada for at least 730 days in every five-year period in order to maintain their status. Otherwise, their residency will be revoked.

According to the Canada Border Services Agency, on average 1,423 permanent residents a year were stopped at the border for failing the requirement from 2010 to 2014, the most recent statistics available. During the period, Canada accepted some 260,000 newcomers annually.

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