:
I call this meeting to order.
Welcome to meeting number 71 of the House of Commons Standing Committee on Citizenship and Immigration.
I have a quick note before we begin. Although this room is equipped with a powerful audio system, feedback events can occur. These can be extremely harmful to the interpreters and can cause serious injury. The most common cause of sound feedback is an earpiece worn too close to a microphone. We therefore ask all participants to exercise a high degree of caution when handling the earpieces, especially when your microphone or your neighbour's microphone is turned on. In order to prevent incidents and safeguard the hearing health of the interpreters, I invite participants to ensure that they speak into the same microphone that their headset is plugged into and avoid manipulating the earbuds by placing them on the table away from the microphone when they are not in use.
Today, we are beginning our study of the exploitation scheme targeting certain international students.
I would like to welcome the Honourable Sean Fraser, Minister of Immigration, Refugees and Citizenship.
Thanks a lot, Minister, for appearing before the committee.
He's joined by two senior officials from the department: Christiane Fox, deputy minister, and Michèle Kingsley, assistant deputy minister, operations. Welcome.
The minister will be with us for the first hour. The officials will stay for the second hour to answer questions.
Minister, you have five minutes for your opening remarks, and then we'll go into a round of questioning. The floor is yours. Please begin.
Just before we get started, I know we were a little bit delayed with votes. If you guys will have me for the full hour, I won't challenge you on the agreed-upon time. I'm happy to stay and make good on the commitment that we've made to be with you for the first hour.
In addition, I'd like to start by saying thank you. A number of you have reached out to me personally over the course of the last number of days, weeks and months on the very specific issue of the international students who were facing potential removals as a result of being admitted on the basis on inauthentic documents. To those of you who have been good advocates, I want to say thank you for the many conversations we've shared.
I appreciate, as always, the invitation to appear and to address some of the concerns around these reports of international students and graduates who are facing removal from Canada after these letters of acceptance were submitted as part of their study permit application and were determined to be fraudulent. I understand that the situation is extremely distressing for a number of the students who are engaged. I want to assure them and members of this committee, and anyone else who might be monitoring this situation, that the well-being of students who were genuine applicants to come and study in Canada is paramount for me and for the government.
The fact of the matter is that many of the international students in this cohort of individuals came sincerely to Canada with an intent to study and to pursue an education at the world-class institutions we offer here in Canada. Frankly, some of them were duped by bad actors who claimed to be helping them in their immigration application process.
There are other foreign nationals who we believe had no intent of pursuing higher education in Canada and who used the fraudulent acceptance letters to take advantage of Canada's immigration system. Within this cohort of individuals, some have been engaged in potentially criminal behaviour. There are potentially individuals who knew exactly what they were doing. They knew they were taking advantage of the system and knew it was wrong and did it anyway.
Because there are those who we believe were genuine in their application to come and study in Canada and those who were not, we've made a decision to establish a task force. IRCC is going to be working closely with Canada Border Services Agency to identify the victims of fraud. Further, we've directed the officials at IRCC to approach every incident on a case-by-case basis and to do so with expediency, flexibility and compassion where it's warranted. We need to deploy the necessary tools so that those who are or were genuine students who wished to come study in Canada can remain in Canada and not face additional barriers to the next step of their Canadian journey.
I want to be clear about this. Students who came here to study and did study will not face deportation. The Immigration and Refugee Protection Act provides me, as minister, with 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 the genuine intent to study and without knowledge of the use of fraudulent documentation or participation in criminal activity, we have provided instructions to officers to issue temporary resident permits to those individuals to allow them to remain in Canada.
This is going to ensure that these well-intentioned students and graduates can remain in the country. We're also going to make sure they are not subjected to the five-year ban from re-entering Canada that would normally follow a case of misrepresentation. While this process runs its course, preliminary temporary resident permits will be issued if they are required in order to prevent deportations that have previously been ordered.
[Translation]
Immigration, Refugees and Citizenship Canada, or IRCC, is working with its local and international partners to detect and deter fraud. We are continuously improving the systems to detect evidence of fraud. When fraud tips are reported, IRCC will always continue to look into each one.
To uphold our system, a full review of the International Student Program is under way. The review aims to strengthen program integrity and enhance protection to address student vulnerability, unethical recruitment and unscrupulous actors.
[English]
To crack down on dishonest consultants, and on the recommendation from a study done by this very committee back in 2017, we've regulated consultants in Canada, who must be licensed under the College of Immigration and Citizenship Consultants. We've invested to improve oversight, strengthen enforcement and increase accountability.
[Translation]
IRCC also runs media campaigns both at home and abroad, to deter fraud and help people avoid becoming victims. As recently as March 2023, IRCC ran a campaign in India targeting potential visitors, students, and workers to decrease the misuse of permits and to reduce fraud.
[English]
As the Minister of Immigration, Refugees and Citizenship, it's my responsibility to protect the integrity of our immigration system and to ensure that it upholds legitimate cases and supports the victims of fraud but pays no comfort to the perpetrators of such fraud.
Madam Chair, I know that there are students who are watching the proceedings today, and I want to make sure that this message is communicated clearly. I'm committed, unreservedly, to finding a way to support them and to ensuring that they can remain in Canada with a valid legal status if they had a genuine intent to study and if they did not have knowledge that they were benefiting from fraudulent documentation. At the same time, I think we all need to agree and to understand that those who are complicit in the use of fraud to abuse Canada's immigration system will be held to account for their actions.
Canada is always going to be a welcoming land of opportunity for people from around the world, including those who want to come here to study and to work in Canada and who want to become upstanding members of our communities, but make no mistake: We have no room to tolerate people who attempt to cheat our system, and we absolutely have no intention of giving special treatment to those who commit fraud. We can protect the integrity of the system and demonstrate compassion to the innocent at the same time.
Thank you, everyone. I'm happy to take whatever questions you may have.
:
Thank you, Madam Chair. I will be splitting my time with Member of Parliament Hallan.
Minister, you say, today, that the victims of the scheme and of the fraud will not be deported. I'm sure those victims, those students, are pleased to hear that, but we've heard about this whole situation for months now. People in the community, on YouTube and other media outlets, have known since last September. CBC picked up this news story earlier this year. All of these students have had deportation orders issued against them because the department realized their mistake. Their mistake was that they accepted these fake letters, and the department issued valid visas to Canada for them to come here.
Since then, those students have gone to school. They've been studying. Some of them started working. Some of them started a family here, got married and had children. They've essentially set down roots here in Canada, because this happened over several years. Then, when the department realized their mistake, it issued deportation orders. It was essentially a “shoot first, ask questions later” situation. It left the students with significant mental health issues because of the stress of that, and with financial issues as well, because they have already paid for their student fees and for everything else it takes to get to Canada, and now they're also paying immigration lawyers and others to be able to fight to stay here, when they were the victims of this whole scheme.
As I said, we've known this for months. Conservatives have raised this issue in the House of Commons. Our leader, , had questions in the House of Commons about this issue. In this committee, we've had, at least three or four times, a motion that was presented to study this issue. Unfortunately, the Liberals and the NDP rejected that motion.
Minister, you've had the power this whole time to do what you're saying today. You had that power. Why didn't you do this before?
:
Okay, he is not sharing his time.
First of all, Mr. Uppal, thank you. I have always viewed you to be a reasonable parliamentarian. I have a lot of respect for you, and I enjoy our conversations.
The reality is that I became aware of this issue around the beginning of spring, not at the end of last year. When I first became aware of this, it was as a result of media reports that claimed there were 700 international students who were impacted by this. I wanted to verify the veracity of that reporting. It turns out that it was not an accurate reflection of what was going on.
It's really important when we're dealing with something as serious as a person's ability to remain in Canada that we know the facts we're dealing with, so we undertook a bit of work to understand what was actually going on. What we have determined—and I would differ, respectfully, with your assessment of a “shoot first, ask questions later” process—is that we're dealing with a cohort of people who have been referred to the IRB from CBSA, and there are now 57 individuals who have been subjected to a removal order. Understanding what was going on, after this process played out when people had an opportunity to adduce evidence, was very important. To the extent that I could communicate that we were working on a solution for people who were in fact genuine students, we tried to communicate online to demonstrate that we were working towards a solution.
To identify the right solution sometimes takes longer than people like—including me, on many occasions—but the reality is that I'm not just looking at the need to demonstrate compassion to those who I think should remain in Canada. We absolutely need to demonstrate compassion to those people who should remain in Canada, but we also need to protect the integrity of the system. When we're dealing with a widespread, potentially criminal element to people who are seeking to abuse Canada's immigration system, I start to think about the reputational risk to the international student program more broadly. This is an extraordinary program that brings people to our country who make an incredible difference.
Yes, we need to do what we can to protect the mental health and well-being of people who are going through this process, but we can't cut corners when it comes to developing a process that will ensure we protect the integrity of the system at the same time.
:
No. With enormous respect, suggesting that people were treated as criminals is a false characterization of what was—
Hon. Tim Uppal: They were being deported, so they—
Hon. Sean Fraser: Let me explain, though. The only people we're dealing with who face a removal order have actually had an opportunity to present a case to the IRB, but we have a shortcoming in this instance, and that shortcoming is tied to the fact that there are individuals who didn't know they were taken advantage of, but the rigidity of the existing rules would have resulted in their removal.
That's why we've introduced this new process, for that narrow cohort of people who have been subjected to a removal order and who we believe demonstrate that there was no intent to abuse the system and that they instead should remain in Canada. This was a tailored solution that was developed after the existing process had run its course, and we expect there will be a few more people who have to go through this process. I think we've been able to develop it in a way that will both protect the integrity of the system and demonstrate compassion to those who certainly deserve it.
:
Certainly. Thank you for this.
The process will work roughly as follows, and perhaps I'll try to answer Mr. Uppal's question as part of my response.
The task force is going to have senior officials from IRCC and CBSA. CBSA is going to refer to IRCC the individuals who are implicated. We will investigate on the basis of the totality of the evidence, including whether a person, in fact, did come to study and whether they complied with the terms of the permit they thought they were legitimately issued, and we will look at other factors that a student may be able to adduce.
If the determination at the end of that process is that the person did not have knowledge of the fraudulent documentation that allowed them to enter Canada and they genuinely intended to study, they'll be permitted to remain in Canada. They'll be issued a temporary resident permit and will be able to continue to work or study, as the case may be, until they come to the next step in their immigration journey in Canada, at which point we will be able to use humanitarian and compassionate grounds to make sure their application is not prejudiced, should they fall into the cohort of people who we believe were not complicit in fraud but instead were taken advantage of by fraudsters.
At the end of the day, the goal here is to make sure the immigration journey for the innocent actors is not interrupted by this dramatically unfortunate episode. We need to have the fact-finding process to determine whether somebody who came to Canada on a study permit but with no intent to study actually should be able to face the consequences, particularly if they knew about the fraud that allowed them to enter Canada and decided to move forward with their application anyway.
:
I can confirm that's the case.
For fullness of explanation of the process, before we even get into the territory where we need to concern ourselves with deportations, the ordinary process through which a person can make their case at the IRB will apply. The need for the task force process, on which we shared details today, arises only after a negative decision is rendered at the IRB.
A person will go through the ordinary process, but if the IRB finds them inadmissible, we will immediately issue a temporary resident permit that will allow for the remainder of the investigation to be completed, and the deportation will not be acted upon until there is a final determination by the task force about the nature of a person's knowledge of fraud and their genuine intent to study.
:
Thank you, Madam Chair.
I'm going to disagree with my colleague Mr. Ali. On the contrary, I want to congratulate opposition members and the members of all parties in the House of Commons who have raised this matter. I want to highlight the work the media have done to raise this issue in the public space. Lastly, I want to highlight the way the situation has been managed by the minister, whom I also thank for being here today. I think we'll be on the right track regarding the people concerned by this situation.
What interests me is the overall picture. How have we come to this? How can we ensure that this doesn't happen again? There must be mechanisms, firewalls as it were, that enable us to prevent this kind of situation.
My questions will be related to what has happened. How can we deal with this? What's not working right now? How does this kind of situation arise?
Most of the students who filed resident visa applications did so through a consulting firm. Was Immigration, Refugees and Citizenship Canada aware of that firm before this situation occurred.
:
You raise an interesting and important point.
That would be a good idea in an ideal world. However, as you very well know, sometimes we're dealing with criminals in these cases.
[English]
If we're dealing with a situation where we try to regulate an industry globally, the bad actors will still try to operate outside of that system. Despite what progress we may be able to achieve to align the standards of protection, there will always be people who seek to abuse Canada's immigration system.
If there are new ideas that the committee wants to put forward or study about how we can co-operate with partners on the international stage to better protect our system, I would welcome recommendations from the committee.
:
If they have not yet received a negative decision.... I'm asking because I've met with the students. I went to Brampton and I met with the students. I've been on Zoom with them. They've called me. Many of them have sent me piles and piles of documentation regarding their cases. I'm putting them all together to submit to the 's office and the 's office for consideration.
Some of them are caught up in the situation. In the face of this, they're waiting for CBSA appointments. Because they've been told that they've received their removal order, they're waiting for a CBSA appointment. Should they proceed with that process? I assume that when they get a date, they should show up and present their documents accordingly.
There are others who have filed for Federal Court but have not yet received a date for Federal Court. What should they do? The reason I ask is that it's really important, because it's really expensive for people to go through that process. I know that you, Minister, from your comments, recognize that as well. The question that students are asking is this: Should we not proceed with this and save some legal fees and then go through this other task force process that the minister has set out?
:
This process would have started probably in the second half of March. Look, after I give a description, I'm happy to go to the officials for a more technical answer.
We sought to identify how many people were impacted. We had no indication that there were 700 people, and we wanted to dig in to figure out why there was a discrepancy. I still don't know where the 700 figure came from.
After we started looking at the number of scenarios, we came to understand that there was a significant number of applications that were tied to a very similar pattern. Nearly a thousand, in fact, had been refused entry on the basis of fraudulent letters of acceptance. There were a few hundred others who were actually admitted, some of whom were genuine students who intended to study. Of that cohort, CBSA has so far referred 82 to the IRB, and 57 of those have actually gone through that process.
It's largely been about understanding the situation that these students are dealing with and the pattern underlying the issuance of fraudulent acceptance letters that led to their being admitted to Canada, and then developing the process to allow them to come—
:
Because they were given that letter, it was almost like, “You are a criminal. You gotta leave.”
Hon. Sean Fraser: Those people—
Mr. Jasraj Singh Hallan: “Voluntarily” means they were given something by your department in order for them to leave their life here, where they'd built roots.
The reason why I'm saying this is that it took you two months to get to that point. That's 18 different families you'd already identified that could have been saved earlier. They could have stayed here and not spent that much money. They got deported or left voluntarily. That's why I'm saying this. It took you two months to send out a tweet, “Maybe we'll work on this.” I just want you to know the impact it had, not taking any action for those two months. It's interesting, because the tweet came out the day after the Conservatives wrote a public letter to you.
I want to know, again, why it would have taken so long for you to even respond to that.
:
I had spoken publicly, before the tweet you're referring to in May, about the action we were looking at taking.
As I mentioned in my response to Mr. Uppal's questions, there is serious potential criminality and it's underlying a scheme that has led to people being admitted. We need to watch very carefully. We need to investigate when we see a pattern of hundreds, or potentially in excess of a thousand, applications that were made on the basis of fraudulent documents, in order to make sure we are protecting the integrity of the system and not compromising investigations into how these fraud rings can come to exist in the first place.
With enormous respect—which you know I have for you, given our conversations before—sometimes, when you're developing new programs designed to allow a person to come to and remain in Canada and overcome investigations of fraud, it can take a matter of weeks to do this. This is not something that was years in the making. We moved quickly to identify the problem—
:
Thank you, Madam Chair.
First of all, I want to thank the honourable minister and his parliamentary secretary. Any time I go to you, Minister, or your staff, you are always welcoming and, of course, very patient in listening and always assuring me that you will come up with a policy that will be good for the victims. I want to thank you for that. I received a call today from one of the family members of the victims, who said this is exactly what they were looking for—what you announced today.
Going from there onwards, you said you can go case by case. You're not going to have a blanket policy. Would you be able to tell us what the consequences would be of implementing a blanket policy instead of looking at individual cases?
:
I believe the consequences of taking a blanket approach in this instance would be very negative and of a severe scale in both the short term and the long term for Canada's national interest. In the short term, we would be rewarding people who've committed fraud against the state. That is a bad idea. It's a bad idea because it's clearly contrary to the rules that we have in place, but it's also a bad idea because it would create a culture in which bad actors around the world would see a demonstrated inability of a country to manage its own affairs successfully and would seek to further defraud it going forward.
Moreover, many people who are seeking to come to Canada want to follow the rules. To send a signal that we're going to give preference to people who have committed fraud and who have broken the rules over those who are following the processes that we have set out in law and regulations would be a disaster.
I think we've struck the right balance to acknowledge that the existing process did provide an opportunity for certain individuals, potentially a few dozen individuals, who were innocent, who sought to come here genuinely and who were victimized by fraudsters. We're going to be able to demonstrate compassion towards them.
At the same time, Canadians need to know that we're going to crack down on fraud in the system. I think one of the reasons Canadians support ambitious immigration policy is that they trust the process through which people come to Canada. That includes security screening. It includes ensuring that we police fraud, and it ensures that we set people up for success when they arrive.
The path forward, I think, achieves those dual goals of demonstrating compassion for those who deserve it while at the same time not rewarding fraudsters for bad behaviour.
:
It will be as soon as possible, although there are some people who have not yet gone through the IRB process, so for them, the process will begin immediately after they complete the IRB process.
What we envision is an interim temporary resident permit that will be in the ballpark of a number of weeks. That will allow them, for example, eight weeks to complete the investigation. The sole purpose of that temporary resident permit is to allow us to complete the examination of their file. We want to move as quickly as we can to provide a fair resolution but also a fast resolution.
I know from you, Sukh, and from others that the stress on students has been enormous. We don't want this to drag out for months. We want to give them a platform to demonstrate their case and if, in fact, they can confirm that they were a genuine applicant, we want to provide a remedy as quickly as possible, recognizing the mental health and financial burden many students have undertaken.
:
Thank you, Madam Chair.
Minister, a similar situation arose in Quebec in 2020. Once again, some Indian students had been defrauded. I don't know if you were made aware of that situation. IRCC denied those students their permits to study in private colleges in Quebec, but they had already paid their tuition fees. They weren't reimbursed, however, because the private colleges sought protection under the Companies’ Creditors Arrangement Act. I could send you the press clippings on the incident. We're starting to see that this kind of case is specific to India.
You asked me earlier if we had any suggestions to make. As you know, I always do. I give you about 14 proposals a week. We of the Bloc Québécois aren't here just to oppose; we're here to propose. I'm happy when you implement our proposals, but you could adopt more of them.
Are these repeated frauds a valid reason to start immediate bilateral discussions with India, by going through diplomatic channels first, then holding meetings with your Indian counterpart? You could also seek reciprocity with India regarding the agencies that do business with students wishing to study in Canada. Those agencies would then have to be certified by IRCC, even though they're established on Indian soil. You want suggestions? That's one. At some point, we have to stop merely reacting, and we have to work upstream.
Do you think my suggestion is valid?
:
Thank you for your comment.
[English]
Look, you raise some interesting points. One thing I've come to understand in this particular job is that there are many issues that I think we need to reform over time, and the international student program is a great example. We actually just completed the consultation on the review of the international student program not much more than a week ago.
However, to your point about working with India, we had an initiative that we were working on in March of this year for the purpose of sharing good information to strengthen the integrity...and highlighting the extraordinary opportunity we have to continue to recruit students from that particular country.
As we go forward, we're looking at some new ideas to build a trusted institutions model with some of our post-secondary education partners who demonstrate that they have the capacity to monitor the integrity of applications, to treat students well when they arrive and to help them adjust to life in the workforce.
I think this is the next frontier for the international student program. If you have advice, as always, it would be more than welcome.
:
We launched a new approach in 2018 to strengthen the verification of letters of acceptance. We focused on the letters that we had a reason to believe were not authentic.
If there is no reason, given the fact that we deal with many hundreds of thousands of applications in a given year, it would completely erode the ability of the department to productively and efficiently process student applications if we were to do an investigation into every letter of acceptance that is provided.
With regard to your earlier question that you started with to go down this road, I think that, going forward, we need to find a way to use new technology to better verify larger numbers of applications more quickly.
I'm sorry. You were trying to chime in, Mr. Redekopp.
:
There was not inaction. The reality is that it's common for us to have many investigations, hundreds of investigations, going on at any given point in time that are trying to bust fraudsters who are seeking to abuse Canada's immigration system.
With respect to my knowledge of this specific example, of which there had been a pre-existing investigation that actually preceded my time as minister in this portfolio, it came to my attention in the spring, and I wanted to satisfy myself of the facts and also of the potential criminal elements, and then develop solutions, given that I came to understand there were likely innocent people who were mixed up in a fraudulent scheme.
With enormous respect, taking a month or two to sort out a complicated problem, I think, is reasonable. To suggest there was inaction on behalf of the department when there were live investigations going on for a number of years would not be an accurate depiction of what had actually taken place.
:
Thank you, Madam Chair.
To give some context, I know the Conservatives put forward a motion in this committee as well to say that legislation is to take precedence over all other issues in this committee. The fact that we couldn't get to this issue until now in the committee, I believe, was due to the committee deciding that legislation, the clause-by-clause we were going through, was very important.
I want to thank you, Minister, for listening carefully and coming up with a solution that is a balanced approach, because we were hearing some unbalanced ideas, like the NDP saying that blanket PRs should be given to everyone, and like the Conservatives saying that quick decisions should be made in haste, where I do believe you would not be able to accurately distinguish the good actors from the bad actors. We do want to do that, because we want to keep our immigration system's integrity. I think this solution will get us there.
The other thing is that I've been working on many different student issues for many years. I've also written to the ministers provincially responsible for schools in the various provinces, and particularly I've written to the one in Ontario. We're seeing a growing problem in Ontario with many new colleges popping up that I've never heard of, which don't have adequate space or teaching facilities and which are taking in large numbers of students. Our federal government has to comply with these lists of designated learning institutions, or DLIs, that are provided by the province.
I want to know if you have any comments that you can make as to the responsibility that the provinces also have in fixing this larger problem that we're beginning to see.
:
If you'll allow me, the two issues that you mentioned, sort of coming to ground on this issue and the broader issue around DLIs, both speak to the need for co-operation. I think what we've identified through this process.... As you know, we've had phone calls, emails and messages back and forth about this particular issue, as I've had with members of different parties, and I find that when we take these ideas from different sources, we can identify what the real issues are.
I think it has led to a workable solution that's going to help protect people who deserve protection in this instance and that's going to hold accountable those who seek to abuse the system. I think the same is true with designated learning institutions. We need to do a better job, not only as a government but also as a society, of working across levels of government and of working with institutions to better monitor the system.
The reality is—at the risk of getting ahead of myself, given where we are from a policy perspective today—I've heard a lot of stories that really trouble me about designated learning institutions. The vast majority are good actors, make no mistake, but when I hear the stories of students who come to this country, who tell me they feel like they were sold a false bill of goods and who are enrolled in a program that may have 1,000 students but with room in the facility for a few dozen students, it suggests to me that there are international students being exploited in this country.
Look at the number of students who were attending brand new institutions that have popped up and who have inadequate mental health and housing supports. I hear stories about people who are being promised a pathway to permanent residency that does not exist for them. I hear promises being made to international students like, “You can come through the student program, but really, you know you just want to work in this country.” That is not what the program is about. We need to work very carefully with institutions so that people know what they are getting themselves into and that they are applying for the appropriate programs.
We need to work with provincial governments, which are responsible for identifying DLIs that have access to the program, to ensure that they're willing to hold accountable the institutions that are not treating students fairly but instead are seeking to profit off them as individuals, not caring whether they are exploited or set up for success. The vast majority of institutions are good players. We're working towards developing a trusted partner model with institutions that we know are good actors and that have a strong history of working with students and of respecting them.
The international student program is contributing in excess of $22 billion annually to this country. Forget for the moment that the economic and social benefits we derive are enormous. If students are making that contribution to us, I think we owe it to them to be honest about what they're getting themselves into, to not exploit them and to set them up for success. As it turns out, making that happen can be challenging, but it's an effort worth making.
:
Madam Chair, I want to thank the member for his question.
I think we all have an interest in establishing a fairly regular information exchange system and an honour system for the institutions. That includes the institutions, colleges and universities. I frequently met with representatives of the colleges and universities during the consultations on the strategic immigration review.
What does an institution have to do to be a trusted institution? Immigration, Refugees and Citizenship Canada has to meet the demand because taking in international students is really a benefit for Canada. Furthermore, by working with the provinces and territories, we may also be able to establish requirements, one of which might be to use tuition fees to invest in the student's area of interest, whether it be mental health or employment services, for example.
The institutions should also work with us and provide us with information. We could also ask them what integrity system is in place at their institution, what consultants they work with and whether they're legitimate. If the institutions meet those criteria, then we could establish specific relationships with them.
I think that all the actors in the system have a considerable interest in working together to combat fraud. There are many institutions, but they don't always know that their letter of offer is in the system, that someone will produce something that isn't an official document of the university or college.
As for the bad actors in the system, if they're unable to meet the criteria, we can establish a different system. It's important to note that, last year, we received more than 730,000 applications from international students, including new applications and applications for extensions. I think we need to start monitoring volume to ensure we can protect those students when they come to Canada.
Lastly, we, as an organization, must try to communicate clearly in an attempt to reduce our dependence on outside consultations and to provide better service to our clientele.
I'm going to ask you a question that may seem somewhat irrelevant, but I think it's important to mention it because the committee hasn't yet addressed this issue.
You will remember your department's response to the report on the unfair situation between the francophone African students and other foreign students entitled, “Differential Treatment in Recruitment and Acceptance Rates of Foreign Students in Quebec and the Rest of Canada”. Your department had 120 days in which to take action on the report, and it provided a response. In that response, the department categorically stated that it acknowledged the presence of racism within the IRCC in analyzing certain applications. The refusal and acceptance rates for those applications were thus biased as a result of that racism.
Do you ensure that IRCC officers and those of the Canada Border Services Agency don't judge fraud cases based on the same prejudices as are associated with the files of international African students, for example?
Are there any specific rules to follow to detect fraud?
If there was a risk of racism against certain foreign students, as your department has admitted, could that also occur in fraud cases?
:
Thank you for your question.
We offer training to all officers who make visa-related decisions. The department realized that there had indeed been certain practices in the past that were problematic, and we had to make changes. That was particularly problematic in the case of francophone African students, partly as a result of certain provisions of the act. For example, we have to determine whether the person intends to leave the country when his or her permit expires. The person must also provide certain financial details in order to be approved. I think that would need to be reviewed because sometimes students are refused as a result of those conditions. There may be good reason to adopt a different approach in order to increase rates.
In closing, I would say that when we present refusal rates, we often present them as an overall percentage. However, I think we should present the percentage of refusals for each reason, such as the percentage of students who were denied because they had committed fraud, for example. That way, people would be able to understand the reason for the refusal and would have a better understanding of the percentages.
:
Thank you very much for that clarity.
On the issue around how this happened and why it took so long.... One of the issues, as multiple students have said to me, is that through every step of the process, it was never caught: not when the application went in and not when they arrived here in Canada. It was not spotted by CBSA. It was not spotted when they applied for a work permit, for example. It was only in the final step, in many cases, when people were applying for permanent resident status, that this got caught.
My question is about measures to prevent this from happening again. Why is it that the government did not do the check on the documents at the front end? Instead, it's doing the check on what appears to me to be the back end.
:
Thank you, Madam Chair.
Thank you to the deputy minister, as well as to the assistant deputy minister, for being here.
Deputy Minister, I'm going to carry on with Mr. Kmiec's question because that is a very important question from an integrity perspective.
These unscrupulous agents claim they have inside connections. That is the reason I will ask you this question.
Was this one officer who processed all those cases, or are you certain these were processed by different immigration officers?
:
What I would say is that there are cases of fraud within the department that have gotten through the screens they have gone through. We constantly look at what tools and measures were in place to prevent it, where the fraud is coming from and where we see patterns. Of course, if ever there were an indication that the pattern is within a particular office or with a particular individual, then we would definitely look into that. This is part of the due diligence within the department.
However, I think it is important that we share that there are different levels of prevention activities that occur. There are communication and advertising campaigns that happen in countries that have a lot of international students who come to Canada to study, and these say, “This is what you need to look out for. These are the things you should expect.” We encourage all international students to actually liaise with the designated learning institutions directly.
There are prevention activities and tools. If we have cases of fraud, then there are various things that we do, depending on the nature, the scope and the extent. What we are hoping is to leverage technology to be able to detect that sooner, to have the ability to see patterns and trends from a bit more of a global processing network standpoint. However, I would say that fraud occurs, and it's not particularly one officer or one location.
I think the timeline is really important. What the students want, of course, is the quickest process they can go through and then an outcome from that, because their lives were already turned upside down when they learned about this situation, and people are stressed to the max. The quicker we can turn it around, the better. I'm glad to hear that it might be a matter of only weeks before this can all be finalized. I hope that's the case.
I am interested in looking at how to prevent this from happening, particularly in terms of the ghost consultants. The truth of the matter is that ghost consultants cannot be regulated under Canadian rules because they are from other countries, but we know the students are being preyed upon. There was a study done in 2017, and it seems as though there's nothing much we can do.
I am curious as to whether there is an opportunity for us to work with our counterparts from those different countries to establish a clear set of guidelines, if you will, or expectations regarding how these consultants engage and what they need to provide to the students by way of verifications so it will become a requirement, at a minimum, that those consultants who practise there have to provide that information to the students so they can take it upon themselves to ensure that verification is done at the front end.
:
Thank you, Madam Chair.
I would start by saying that I completely agree with you on the timeliness of this work. People's lives and mental health have been hugely impacted, so I completely agree with you. That's why we will work through this expeditiously.
To your second point, we definitely share, through our bilateral relations, our missions and our dialogue with other countries, our expectations in Canada and the process by which we want the international student program to work. Your idea of specific guidance is important. We have a lot of documents, but I will undertake to take a look at them and see how they can be improved or how we can look at this situation and then apply the lessons to future communications, because I think we continuously need to provide that guidance.
I would also note that it's important in bilateral conversations, but it's also important from us directly to students.
:
Thank you very much, Madam Chair.
This afternoon or late morning, we received the press release sent out from the clerk regarding the motion that was passed on June 7. The motion was very specific in calling on the government as follows:
...to condemn the actions of these fraudulent “ghost consultants” and call on [CBSA] to immediately stay pending deportations of affected international students, waive inadmissibility on the basis of misrepresentation and provide an alternate pathway to permanent status for those impacted, such as the Humanitarian and Compassionate application process or a broad regularization program....
That is the specific language that was passed for this motion.
The press release was editorialized in terms of that language and is definitely not a reflection of the motion that was passed. I remember this distinctly, because there was an amendment that tried to eliminate the words “alternate pathway”. That does not even show up in the press release.
I don't think that is a very cool thing to do. Instructions were given by this committee. We voted unanimously on the language that was passed. However, the press release does not reflect that. I am very perturbed by this. I'm very unhappy about this. I don't think this is an honest approach and I'm just dismayed. In the past, when a press release was issued, it took the language of the motion that was passed, specifically. It didn't this time. There was never a draft sent to committee members for review before it went out.
:
Wait one second. There is one item. I need to get your....
Earlier today, the clerk distributed a draft budget for a new study. Is there a motion to adopt that budget?
I ask for silence on both sides, please. All questions should be directed through the chair, with no conversations across the aisle.
Is there a motion to adopt the budget that was circulated by the clerk?
An hon. member: I so move.
(Motion agreed to)
The Chair: Our next meeting is scheduled for Monday, June 19, and the notice will be published in the coming days.
With that, the meeting is adjourned.