Stewart Sharma Harsanyi Immigration Law Firm Blog

Indian Students Facing Deportation: Another Perspective

As an immigration lawyer, I frequently come across cases that highlight the importance of due diligence in the immigration process. This morning, I was interviewed by Rishi Nagar of RedFM Calgary about the recent media articles regarding the deportation of hundreds of Indian international students. Raj Sharma Deportations_mixdown Stewart Sharma Harsanyi Immigration Lawyers · Deportation of 700 Indian Origin International Students It should be noted that the number used (700) is not independently verified. The students are facing deportation from Canada due to fake admission letters. These students used the services of overseas educational consultants or most likely “ghost consultants” to prepare the study permit package and supporting documents (proof of language proficiency, proof of admission to a recognized DLI, proof of finances/financial support). From what I’ve seen, the applicants pay an inordinate amount of money to the agent, around the 20 lakh figure. This figure is apparently inclusive of the tuition fees but it’s strange that the fees are not paid directly to the DLI. Those caught up all pay a massive amount of money to an unregistered individual and all proclaim their trust and (over) reliance on his services. Once here, they may flip to another DLI and... Read more →

Consequences to an Allegation of Misrepresentation

The consequences to a finding of misrepresentation under the IRPA are serious. They include enforcement and potential removal for Permanent Residents and a 5 year ban on entering or applying for status for Foreign Nationals (See s.40(2)(a) of the IRPA). In practical terms, such a finding could end the aspiration to live in Canada or the end of a life built here in Canada. Counsel should also be aware of the possibility of criminal charges laid under the IRPA for misrepresentation. In R v. Singh 2019 ABPC 37 the accused was charged with “knowingly, directly misrepresent or withhold material facts relating to a relevant matter that induced or could have induced an error in the administration” of the IRPA contrary to section 127(a) of the IRPA. The Court found Mr. Singh guilty of knowingly using false university acceptance documents and other false documents that resulted in the issuance of a study permit. Singh said any misrepresentation was innocent on his part, arguing that he did not know the documents were false and attempted to shift the blame to his immigration representative. Ultimately the trial judge found that Mr. Singh’s application was his responsibility and he was “accountable for the lies... Read more →

Misrepresentation and Federal Court Deadlines

If you go hunting for misrepresentation, surprise surprise you find it. Punjabis in particular should exercise caution submitting overseas work permits when spouse in Canada. It's clear that visa office is sending a message to this community & have no problem throwing baby out with bathwater. Delhi is far more likely to make a finding of misrepresentation than any other visa office. After such a finding, the only recourse is Federal Court. Federal Court deadlines are strict. If a visa office (likely Delhi) finds you/your spouse has committed misrepresentation you need to act within 60 days. Justice Bell refused to grant an extension of time and dismissed this application: https://t.co/XmAYycLbov Asking/waiting for the GCMS notes, going to your MP, asking for a reconsideration do *not* (necessarily) allow you to ask for an extension of time at the Federal Court. "Mr. Singh has provided no explanation for the delay other than the fact he was pursuing alternative remedies. That cannot be a valid explanation. If it were, the time limits set out in the legislative policy would be in constant chaos..." And... "Although his spouse spoke to a MP and he sought reconsideration of the decision, he did not move for... Read more →