Thank you.
The Ontario Council of Agencies Serving Immigrants is the umbrella organization for immigrant-serving agencies in Ontario. We have more than 200 member agencies working with immigrants and refugees, refugee claimants, migrant workers, international students, and those without full immigration status. We thank the standing committee for the opportunity to comment on this important study.
We'd like to raise four key concerns. First, in our estimation, our immigration and refugee system is complex and unfamiliar to most residents. Clients aren't aware if their applications have been completed correctly or submitted properly. Many rely on word-of-mouth referrals or advertisements in community publications, and at ethno-specific businesses.
Second, lack of language proficiency renders the immigration system inaccessible. Many clients do not speak either official language sufficiently to navigate the system on their own. They rely on others to complete the application, and to understand and respond to communication they receive from the government. Importantly, they are unable to determine if the service they receive from a consultant is legitimate. Clients who speak French, and who approach an English-speaking consultant for services, are not informed of their right to access government services in French.
Third, residents with precarious immigration status are more vulnerable to being taken advantage of by unscrupulous consultants. We are aware of migrant workers who have lost their temporary status when an application for work permit renewal wasn't properly completed or submitted. Clients with limited options to gain legal residence are among the most desperate, and likely to pay thousands of dollars to consultants for false promises of permanent residency. They are less likely to report unfair treatment to the regulatory body, or report fraud to authorities for fear of detention and deportation.
Finally, the regulatory framework is unfamiliar or ineffective. Clients are often not aware of the difference between a regulated and unregulated consultant, paralegal, or lawyer, or what options are available to them in the event of misrepresentation or fraud. They are unfamiliar with the regulatory framework. Some who filed a complaint with Immigration Consultants of Canada Regulatory Council, ICCRC, either did not hear back or found the process inadequate.
I'd like to briefly share three examples with you of particular clients who have come from our member agencies.
Client example one. The clients paid a large amount of money to an immigration consultant to prepare an H and C application, and submit it in a timely manner. They didn't hear anything from IRCC about their application. The immigration consultant told them the file had been submitted, and that it would take a long time for IRCC to respond. They finally called IRCC themselves, and were informed that no application had been submitted.
Client example two. A client paid a consultant to prepare an H and C application. The consultant submitted the application in the client's name. The H and C was rejected due to lack of merit. The client later went to a legal clinic for assistance, and learned that there were a number of mistakes in the original application, likely explaining the rejection.
Client example three. Migrant worker clients were told by their employer to use the services of a specific non-registered immigration consultant to have their work visas renewed. Having charged the workers a fee to renew their visas, the consultant did not submit the applications, and their visas lapsed. They were told by the consultant that the employer would be fined because they were working illegally. The workers then had to leave Canada.
On the basis of this, and many other stories and examples, we have three recommendations.
First, in the most general sense, applicants should not be penalized. The submission of an incomplete application usually results in delays for the applicant, sometimes with very serious consequences, such as loss of status. Applicants should not be penalized for errors and misrepresentation by a consultant, but should be permitted to resubmit an application without penalty.
They should be allowed to review and correct mistakes made by consultants. Applicants who have been left without status as a result of mistakes made by consultants should be allowed to remain in Canada without penalty and permitted to submit a corrected application. An extension of a permit should be included if required.
The second recommendation is that more public education is required. There is a need for extensive and ongoing public education about the regulatory framework with respect to consultants, paralegals, and lawyers. This education should be available to all immigrant applicants, refugee claimants, migrant workers, and international students. It should include information on clients' rights and how to find a regulated consultant or legal representative. Information should be broadly available in a variety of formats and in a language understood by the applicant.
The final recommendation is that there should be stronger regulation of immigration consultants. The present system of self-regulation of immigration consultants has not protected newcomers from exploitation. The complaints process has proved ineffective for many. Our recommendation is to enact legislation to create an oversight body within the government to regulate immigration consultants. The legislation should contain detailed provisions for admission and accreditation requirements, a code of standards and rules, the scope of practice, areas of responsibility, insurance coverage, and mechanisms for dealing with complaints and disciplinary matters.
Thank you very much.