Latest news with #ImmigrationandRefugeeProtectionAct
Hindustan Times
5 days ago
- Hindustan Times
Punjab: Jalandhar-based travel agent wanted for duping over 700 students nabbed
Over two years after duping hundreds of Indian students by giving them fake admission offer letters, the Jalandhar commissionerate police arrested wanted travel agent Brijesh Mishra from Indira Gandhi International (IGI) Airport, New Delhi. In March 2023, nearly 700 students were issued deportation notices by the CBSA over fraudulent offer letters. (HT Photo) Jalandhar-based Mishra, against whom 20 FIRs were at multiple police stations across Punjab, fled from India before the scandal came to fore in March 2023. On June 23, 2023, the Canada Border Services Agency (CBSA) apprehended Mishra while he was trying to sneak into the country illegally but he was set free after a few months. Jalandhar's additional deputy commissioner of police Harinder Singh Gill said the police had already issued a look out circular (LOC) against Mishra, who belongs to Thalwada in Darbhanga, Bihar, after he was found to be the kingpin of the scam. 'On June 24, the airport security detained Mishra on the basis of the LOC and immediately alerted Jalandhar police following which a special team was rushed to New Delhi for his formal custody. He boarded the flight from Toronto on June 22,' the ADCP said. Sent to 7-day police custody Mishra was produced in a local court, which remanded him into seven-day police custody, he added. 'A total of nine FIRs were registered against Mishra in Jalandhar's division number 6 police station on the complaints of families of students, who were cheated on the name of fake offer letters,' Gill said. In March 2023, Nearly 700 students were issued deportation notices by the CBSA over fraudulent offer letters that had been provided to them by Mishra while processing their study visas. Even as the Canadian immigration ministry announced to freeze the deportation notices to the students, terming them 'victims of fraud' the deportation issue led to widespread protests in Canada by Indian students. Mishra continued to dupe multiple Canada aspirants and their families until the students who had arrived in the country in 2016 applied for permanent residency and found out that their documents were fake. It was then that the Canadian Border Security Agency (CBSA) conducted a detailed investigation zeroed in on Brijesh Mishra's firm — Education and Migration — and slapped five charges including those for counselling misrepresentation, misrepresentation and unauthorised representation or advice for consideration, under the Immigration and Refugee Protection Act. 20 FIRs registered against Mishra Following the scam, Punjab Police registered 20-odd first information reports (FIRs) against Mishra and his accomplices from March to June, 2023. The cases were registered under Sections 420 (cheating), 406 (criminal breach of trust), 465 (for making forged documents), 467 (forgery), 468 (forgery for purpose of cheating), 471 (using as genuine a forged) and 120-B (criminal conspiracy) of the Indian Penal Code. The Jalandhar district administration had also cancelled the licence of Mishra's immigration firm under Sections 4 and 6 of the Punjab Travel Professionals Regulation Act, 2014, which invokes cancellation of licence, if found involved in any criminal activity. Mishra launched Easy Way Immigration Consultancy in 2013 but months later in 2014, he was caught committing fraud with students. His clout can be gauged from the fact that he either managed to strike a compromise with the complainant or ensure no action was taken against him. He was booked at Jaito in Faridkot and Malerkotla in 2021 and 2022, respectively, but no action was taken against him. Deep-rooted immigration nexus The fact that 700 students, who studied and worked in Canada for six years, are now facing deportation because they procured Canadian study permits on the basis of fake offer letters provided by Mishra's firm, shows how deep-rooted the immigration nexus is. Mishra's Education and Migration Services sent the students to Canada on fake offer letters between 2016 and 2020. The students, who spent between ₹ 10 lakh and ₹ 30 lakh to go abroad, were not aware that they had paid for forged offer letters on which they got the study visa. The fraud came to light only when the students applied for permanent residency and the CBSA found discrepancies and zeroed in on Mishra. The students said the offer letters looked 'so genuine' that even Canadian high commission officials did not find anything amiss. It was only on arriving and visiting their respective colleges that they found that they were not registered in the institutions concerned. When they contacted Mishra, he made up excuses and got them enrolled in other colleges or asked them to wait a semester. According to the then Canadian education policy, international students could change their college or university and even course on reaching Canada, a clause Mishra exploited.
Toronto Star
13-06-2025
- Politics
- Toronto Star
Donald Trump is a convicted felon. Could he be stopped from entering Canada for the G7 summit?
If any ordinary American were to be convicted of Donald Trump 's crimes, they would most likely be stopped at the Canadian border, immigration lawyers say. But Trump is far from ordinary. Despite his 34 felony convictions, the U.S. president plans to jet into the country on Sunday, en route to the G7 summit in Kananaskis, Alta. He'll likely face little resistance on his way in. Politics Analysis We found out how Mark Carney hopes to smooth differences with Donald Trump at the G7 summit. Here's what we know World leaders will have lots to chew on once they arrive in Calgary this Sunday. Politics Analysis We found out how Mark Carney hopes to smooth differences with Donald Trump at the G7 summit. Here's what we know World leaders will have lots to chew on once they arrive in Calgary this Sunday. 'Do I believe (Trump's convictions) will be an impediment to him entering Canada? The answer is no,' said Mario Bellissimo, founder of immigration law firm Bellissimo Law Group in Toronto. ARTICLE CONTINUES BELOW 'Given his status and maybe the need for his entry to Canada, all kinds of factors come into play.' The Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC) declined to comment. 'Due to privacy legislation, we cannot comment on individual cases,' said Remi Lariviere, a spokesperson for the IRCC. 'Inadmissibility decisions are made on a case-by-case basis.' Is Trump allowed to enter Canada despite his felony convictions? Anyone convicted of an offence outside Canada that, if committed within the country, would constitute an indictable offence or lead to a maximum sentence of at least 10 years, will be deemed inadmissible to enter the country, according to the Immigration and Refugee Protection Act (IRPA). So too will anyone convicted of at least two, separate offences that are also considered offences in Canada. But although Trump was found guilty on 34 felony counts of falsified business records in a 2024, a judge granted him an unconditional discharge — sparing the president any fines, jail time or probation. And that discharge might be his ticket into Canada. 'Under the (IRPA), if someone here in Canada is convicted but they receive an unconditional discharge, it's not considered a conviction,' Bellissimo said. 'It may well be that an officer doing an equivalency assessment ... may make a determination that he's not criminally inadmissible.' ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Politics Protests at G7 summit in Alberta set to be largely peaceful, targeting Trump policies EDMONTON - Protests during the upcoming G7 leaders summit in Kananaskis, Alta., may be starkly different than demonstrations happening this we… Politics Protests at G7 summit in Alberta set to be largely peaceful, targeting Trump policies EDMONTON - Protests during the upcoming G7 leaders summit in Kananaskis, Alta., may be starkly different than demonstrations happening this we… Even if Trump were to be found criminally inadmissible, Bellissimo believes Canada's minister of public safety would likely make an exception 'in the national interest' and allow him entry to preserve diplomatic relations. Canada's ports of entry also have a 'huge amount of discretion' regarding who they let in, added David Garson, managing partner of Toronto-based Garson Immigration Law. Depending on their circumstances, someone deemed inadmissible may be granted a temporary resident permit that allows them to enter the country for a limited time — although Trump is unlikely to reach a point where this is needed, Bellissimo said. Finally, Trump likely holds a diplomatic passport, which could help facilitate his entry. This is not a 'get out of jail free card' — it won't rule out past criminal convictions, Garson and Bellissimo said. But for the purposes of diplomatic facilitation, border officials are more likely to find a reason to let diplomatic passport holders into the country, regardless of their past offences. I have a criminal history. Can I enter Canada? That depends on your offence, how much time has passed since the completion of your sentence and the urgency of your need to enter the country, the lawyers say. 'Canada has a pretty low threshold for inadmissibility,' Garson said. For instance, driving under the influence might be considered an indictable offence in Canada and bar one from entering the country. United States What to know about 'No Kings' protests against Trump's policies Opponents of President Donald Trump's administration are set to rally in hundreds of cities on Saturday during the military parade in Washingt… United States What to know about 'No Kings' protests against Trump's policies Opponents of President Donald Trump's administration are set to rally in hundreds of cities on Saturday during the military parade in Washingt… That said, CBSA officers consider cases on a 'need versus risk' basis, said Shabnam Akrami, managing partner and founder of Mississauga immigration law firm Akrami & Associates. If one is deemed low-risk and their need to enter is compelling, they may be granted a temporary resident permit — although it can take four to five months and 'quite a lot of documentation' for this to be approved, in Garson's experience. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Otherwise, those deemed inadmissible may be considered 'rehabilitated' 10 years after they served their sentence for an indictable offence, or five years after serving their last sentence for two or more summary convictions. The screening process is more comprehensive for those who committed a serious offence with a maximum sentence of at least 10 years, Bellissimo explained. 'I think that's where people are getting irritated, because someone like Donald Trump is getting preferential treatment,' Akrami said. 'Because someone with a similar offence ... would not have been able to overcome the inadmissibility at the port of entry with same-day processing.' Akrami added that she's seen similar situations with athletes and celebrities who, despite facing criminal convictions that would bar 'normal people' from entry, were still allowed into the country. 'Because this person is an athlete and millions of people are watching them, it's a boost to the Canadian economy,' Akrami said. 'When you do the need versus risk, it could be argued that they should get in.' 'I get why Canadians are upset, with the remarks that he's made about the 51st state and all of this stuff,' she continued. 'But from a legal angle ... they're not making a new law for him. They're not doing something that doesn't already exist.'
Economic Times
13-06-2025
- Economic Times
High-profile Okanagan winemaker charged in migrant hot tub sexual assault scandal
What happened? Live Events Human voices A pattern of labor abuses Why it matters (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel Randhir 'Randy' Toor, a prominent figure in British Columbia's wine country, has been formally charged with sexual assault against an undocumented migrant farm charge arises from an alleged incident dating back to December 2023 and brings renewed attention to the vulnerability of migrant workers in Canada's agricultural who co-owned Desert Hills Estate Winery (formerly Toor Vineyards ), makes his first court appearance this alleged assault happened at a cabin on Mount Baldy, where Toor is said to have hosted a group of foreign workers. According to a warrant application, the woman, picked up from Osoyoos and taken to the cabin. dined, drank, and used the hot tub with others before waking up with injuries and hazy memories of an same day, her friends helped get her to a sexual assault kit at Penticton Regional Hospital. RCMP later searched Toor's Mount Baldy cabin for evidence. Toor will appear in court again in August as all charges remain untested in Gatica of Dignidad Migrante Society, an advocacy group for farm and undocumented workers, underscored the power imbalance:'Undocumented workers are more vulnerable than anyone because there is no one to come help them to provide them support.'He urged the government and police to step up education and support for this community. "There is no specific program to help educate the workers against the fear that they have," he case isn't Toor's first clash with authorities. Desert Hills Estate Winery was fined CAD 16,000 for breaching temporary foreign worker rules, possibly still unpaid in early Vineyards (same address, same ownership) was slapped with a CAD 118,000 fine in December 2024 and permanently banned from hiring temporary foreign workers after inspectors found mismatches in wages and working conditions and failure to present proper across Canada have raised concerns over such labor programs. Toor Vineyards was convicted of seven counts under the Immigration and Refugee Protection Act related to misrepresentation—part of a broader abuse-ridden 'immigration fraud scheme' in BC's wine farmworkers are vital to Canada's agriculture, yet by working without documentation or in temporary programs, many fear speaking out. When violations involve businesses of local renown, silence is often cheaper than accountability. With Toor's next appearance set for August, advocacy groups are pushing for stronger protections.
Time of India
13-06-2025
- Time of India
High-profile Okanagan winemaker charged in migrant hot tub sexual assault scandal
What happened? Live Events Human voices A pattern of labor abuses Why it matters (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel Randhir 'Randy' Toor, a prominent figure in British Columbia's wine country, has been formally charged with sexual assault against an undocumented migrant farm charge arises from an alleged incident dating back to December 2023 and brings renewed attention to the vulnerability of migrant workers in Canada's agricultural who co-owned Desert Hills Estate Winery (formerly Toor Vineyards ), makes his first court appearance this alleged assault happened at a cabin on Mount Baldy, where Toor is said to have hosted a group of foreign workers. According to a warrant application, the woman, picked up from Osoyoos and taken to the cabin. dined, drank, and used the hot tub with others before waking up with injuries and hazy memories of an same day, her friends helped get her to a sexual assault kit at Penticton Regional Hospital. RCMP later searched Toor's Mount Baldy cabin for evidence. Toor will appear in court again in August as all charges remain untested in Gatica of Dignidad Migrante Society, an advocacy group for farm and undocumented workers, underscored the power imbalance:'Undocumented workers are more vulnerable than anyone because there is no one to come help them to provide them support.'He urged the government and police to step up education and support for this community. "There is no specific program to help educate the workers against the fear that they have," he case isn't Toor's first clash with authorities. Desert Hills Estate Winery was fined CAD 16,000 for breaching temporary foreign worker rules, possibly still unpaid in early Vineyards (same address, same ownership) was slapped with a CAD 118,000 fine in December 2024 and permanently banned from hiring temporary foreign workers after inspectors found mismatches in wages and working conditions and failure to present proper across Canada have raised concerns over such labor programs. Toor Vineyards was convicted of seven counts under the Immigration and Refugee Protection Act related to misrepresentation—part of a broader abuse-ridden 'immigration fraud scheme' in BC's wine farmworkers are vital to Canada's agriculture, yet by working without documentation or in temporary programs, many fear speaking out. When violations involve businesses of local renown, silence is often cheaper than accountability. With Toor's next appearance set for August, advocacy groups are pushing for stronger protections.
07-06-2025
- Politics
Experts warn of Bill C-2 as 'anti-refugee' and 'anti-immigrant' giving Canada 'unchecked powers' like the U.S.
Mbonisi Zikhali came to Canada in 2009 from Zimbabwe to pursue a master's in journalism at Carleton University. Post-graduation, the international student found himself homeless in Windsor and applied for refugee status – a privilege soon unavailable if Bill C-2 becomes the law. The bill is unnecessary and not sympathetic at all to people's well-being, Zikhali said. Many experts and community groups working with newcomers in Canada agree. They are calling the Liberal government's sweeping new legislation, Bill C-2 or the Strong Borders Act, anti-immigrant and anti-refugee, and say they hoping the legislation does not become law. Zikhali said he came on scholarship and in 2012 found himself in Windsor picking tomatoes at a greenhouse. Soon enough, he was living on the streets, and lost his passport which also had his study permit in it. Applying for refugee status, Zikhali said, was his saving grace and worries this bill will deprive vulnerable people of a safe haven. What is Bill C-2? The legislation proposes changes to a number of laws including the Immigration and Refugee Protection Act. Specifically it allows officials to cancel, suspend or change immigration documents immediately, pause the acceptance of new applications and cancel applications already in process if deemed in the public interest. Début du widget Widget. Passer le widget ? Fin du widget Widget. Retourner au début du widget ? Critics say new border legislation aligns Canada's immigration system with the U.S. 2 days agoDuration2:43The Liberal government proposed new border legislation this week. But critics say they worry the law will do more harm than good. The CBC's Pratyush Dayal reports. Asylum claims would also have to be made within a year of entering the country, including for international students and temporary residents. Take this hypothetical: An Afghan international student who came to study here in July 2020. When the Taliban takes over in August 2021 and things become uncertain back home, that student could have applied for asylum. But with this bill, the one-year time period would have lapsed and they would be ineligible. The immigration changes would also require irregular border crossers — people who enter Canada between official ports of entry — to make an asylum claim within 14 days of arriving in Canada. Immigration Minister Lena Metlege Diab is defending the measures (new window) . There's a lot of applications in the system. We need to act fairly, and treat people appropriately who really do need to claim asylum and who really do need to be protected to stay in Canada, Diab told CBC News. We need to be more efficient in doing that. At the same time, Canadians demand that we have a system that works for everyone. 'Very U.S.-like' bill: refugee help centre director says Windsor's Matthew House gives refugees a place to live and helps them with resettlement. Mike Morency, the organization's executive director, says he worries this bill will put more vulnerable people at greater harm. It continues to align our immigration system with that of the United States, Morency said. Refugee claimants are not the problem. The one year-ban is a major concern for us. The other major concern for us is the ability of the government to declare an emergency and suspend applications. That one to me feels very U.S.-like. Morency said he understands the government's will to try to cut back on international students and migrant workers making a refugee claim as a way to stay in Canada, but worries for people who have a legitimate need for protection being unfairly targeted. It also feels very much like a workaround to our commitment to the Geneva Convention. If the government wants to step out of the Geneva Convention, then then we need to do it with integrity and we need to approach the UN and say we're going to withdraw, he said. Syed Hussan, spokesperson for the Migrant Rights Network, agrees saying the bill violates Canada's most basic legal obligations and is immoral . 'Gives the government unchecked power to take away people's status': Migrant Rights Network Hussan asserts the bill infringes upon Canada's legal commitments and ethical standards by granting the government excessive authority to cancel permits. Every refugee gets to have the right to have their case heard. That's now being taken away, he said. Collectively it's a bill that gives the government unchecked power to take away people's status… This is an anti-immigrant and anti-refugee bill. It's illegal. Without any ability for people to appeal or have their case individually heard, Hussan said, the bill allows the government to make people undocumented or just throw people out of the country in the hundreds of thousands . Syed Hussan says the Migrant Rights Network condemns Bill C-2's anti-Refugee and mass deportation provisions. Photo: CBC The changes also allow the federal immigration department to share information more widely with different agencies within Canada. Hussan said anyone who was not a citizen or later became a citizen will have their data impacted by the bill. Hassan said this is similar to the US immigration policies. This is Carney's first test and he's failed it. He's no different from Donald Trump. 'Major rollback of rights,' 'disservice to refugees': Queen's university law professor Sharry Aiken, professor of law at Queen's University, also finds the bill troubling. Very disappointing. It's a betrayal of many Canadians that supported this government in the most recent election, she said, noting these issues weren't part of the Liberal election campaign. The omnibus bill, she said, is quite complicated with 16 different parts and neither serves to reform the asylum system nor address Canadians' privacy rights. Typically, omnibus bills don't get the degree of parliamentary scrutiny and oversight, she said, which is concerning. Aiken said the one year-bar for asylum claimants represents a major rollback of rights . No longer are these claimants eligible for a hearing before the Refugee Protection Division, she said. The division of the Immigration and Refugee Board of Canada (IRB) hears and decides claims for refugee protection in Canada. Aikens said this arbitrary bill will also very quickly develop a backlog. The bill proposes a legislative fix for a problem that doesn't require new law. It requires operational intervention, she said. This one year rule mimics what's in place in the U.S. and what has been the subject of extensive international criticism… This bill does a disservice to refugees and betrays the Canadian public's trust in the Liberal government for ensuring a fair refugee determination system consistent with international standards. She urges the MPs to separate out the provisions having the issues desegregated. 'Will make the process more cumbersome': immigration lawyer Toronto-based immigration lawyer, Mario Bellissimo, said with the bill creating arbitrary distinctions of 14 days and one year after June 2020, an individualized assessment approach is being taken away. While the number of refugee claimants have recently dipped, Bellissimo said the bill signals that Canada wants to potentially limit immigration. It wants to send messages to individuals who want to traverse the system over many years without legitimate claims that this is not a destination of choice for you, he said. Bellissimo agrees that targeting individuals who impact the immigration system in a negative way is important but the bill will end up targeting individuals in genuine need of assistance. Pratyush Dayal (new window) · CBC News
