Canada visa: How students struggle for justice against fraud consultants

"The many malpractices, including outright corruption, have become deeply entrenched in the immigration system," said Darshan Maharaja, a Canada-based immigration analyst

Canada's Immigration, Refugees, and Citizenship Canada (IRCC) has uncovered over 10,000 fraudulent student acceptance letters in 2024, following intensified checks of international student applications. The country’s immigration authorities reviewed 500,000 documents this year under stricter verification measures.

 

Media reports indicate that nearly 80% of these fake documents were linked to students from Gujarat and Punjab.

 

Jenny Kwan, immigration critic for Canada’s New Democratic Party, voiced concern about the findings, describing the situation as “extremely alarming.” She added, “Canada has a responsibility to ensure that international students who have been defrauded are protected.”

 

Concerns also extend to the potential involvement of some educational institutions, with reports suggesting that several colleges and universities failed to authenticate the letters.

 

Fraudsters take advantage of weak regulations

 

“The many malpractices, including outright corruption, have become deeply entrenched in the immigration system. Comprehensive reforms are needed across the system,” Darshan Maharaja, a Canada-based immigration analyst, told Business Standard.

 

"Indian students who may face deportation on account of fake acceptance letters, find themselves fighting for justice against the dishonest unlicensed consultants responsible for their plight.

 

"Indian students in Canada are facing a difficult path when trying to fight deportation due to fraudulent acceptance letters. Many families put their entire life savings into their children's ambitions, only to see those dreams shattered by dishonest people," said Vishal Gehrana, a Principal Associate at Karanjawala & Co. and Advocate-on-Record at the Supreme Court of India.

 

He outlined the challenges faced by students when trying to take legal action against advisors operating from India. Jurisdiction is a primary obstacle, as fraudulent consultants often run operations out of India, leaving students in Canada with little recourse.

 

"When students in Canada discover that their acceptance letters are fake, they are already in the midst of deportation proceedings. Their focus shifts to protecting their immigration status, making legal action in India difficult," Gehrana explained.

 

Lack of accountability and evidence challenges

 

While Indian law allows students to file consumer and criminal lawsuits against fraudsters, Gehrana pointed out that delays in the legal process and the long-distance between the two countries often impede justice.

 

"The consultants typically operate under the radar, accepting cash payments, avoiding written agreements, and erasing communication trails," he said. As a result, evidence is scarce, and cases in Indian courts often fail due to these challenges.

 

A family who had their child deported after falling victim to a fraudulent consultant shared their story with The Globe and Mail. By the time the fraud was uncovered, the Punjab-based consultant had disappeared, leaving the family unable to pursue further action.

 

Legal cooperation needed across borders

 

"One of the key solutions for offering legal recourse to students is more cooperation between governments. Unfortunately, the current bilateral relations between Canada and India aren't conducive to tackling these issues effectively," said Maharaja. He added that some consultants may have political connections in both countries, further complicating the pursuit of justice.

 

The struggle for awareness and action

 

"The lack of awareness is the most tragic aspect. Many students and their families don't realise they can report fraud in both Canada and India simultaneously," Gehrana said. "This delay in action allows scammers to evade detection and continue operating."

 

Gehrana suggested that awareness campaigns are crucial for informing students of their rights and the steps they can take if defrauded. "Students should be educated about their rights both at home and abroad. They must keep all documents, no matter how minor they seem. The strongest ally you have is evidence."

 

He said, "This isn't merely about fraud; it's about shattered hopes and trust. It’s time for Canada and India to collaborate on establishing a legal system that holds scammers accountable. Only then can we protect our students' dreams."

 

The crackdown by IRCC comes after a 2023 incident where international students were issued fraudulent acceptance letters by an unlicensed consultant in India, leading to deportation risks.

 

Ottawa launched a probe into 2,000 suspicious cases involving students from India, China and Vietnam last year. It found that around 1,485 had been issued bogus documents to come to Canada by immigration consultants abroad.

 

Many were refused entry to Canada after their letters of acceptance from colleges were found to be fake, but others had already arrived.

 

Since December last year, colleges and universities have been required by IRCC to verify letters of acceptance through an online portal. On Jan. 30 this year, the measure was extended to study permit applications and extensions submitted from within Canada.