Citizenship and Immigration Committee on June 14th, 2023

[Tom Kmiec, Conservative, Calgary Shepard, AB]

I'm asking about the front end, when the study permit was issued on a fake acceptance letter. I want to know whether it was an individual visa officer who made the repeat mistake, or was it multiple officers making mistakes?

[Christiane Fox]

It would not have been one officer. The fraud occurred through multiple offices.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

This 2018 system doesn't sound very promising, then, which leads me to my next question.

My understanding was that in the previous system, if you were changing your place of studying, you would file with IRCC and say, “By the way, here's a different college that I'm going to.” They would do that, and many of these students told me that they did that. Where did that information go?

[Christiane Fox]

We absolutely gather that information. We work very closely with DLIs on looking at the compliance regime, what they are seeing and how they are submitting documentation to us. There's a flow of information that happens between the individual applicant, the department and the DLIs.

What we're saying is that we need to use technology to have real-time information flow between DLIs—

[Tom Kmiec, Conservative, Calgary Shepard, AB]

That would be so that the department gets the updates.

Let's say that within the first 30 days after someone lands here in Canada to study, they change their college. Do you have data on how often it happens that somebody changes their college? Wouldn't that be a starting point to verify whether in fact they have a real admission letter or a fake admission letter, and then maybe contact them proactively? Do you have that data?

[Christiane Fox]

Yes, we would have it. If somebody submits a change of institution, then we would have that data.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

How often has it happened within 30 days after a person landed here on a study permit?

[Christiane Fox]

I would have to get back to you on the precise data of exactly how many times that's happened.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

If you could table that with the committee, that would be incredibly helpful.

In the back-and-forth with the minister about this 2018 system and the numbers, he used the term “widespread...criminal element”. These are terms he used at this committee. There is a widespread criminal element on this study permit and fake acceptance letters issue.

Who in the department, in the branch, takes care of investigating this, and when do they start investigations?

[Christiane Fox]

I would say that IRCC conducts administrative investigations. As the minister noted, there are over 100 administrative investigations. However, we definitely work with the CBSA and, in some contexts, with the RCMP to refer the investigation to them should it warrant additional intervention from either of them.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

You mentioned a tipoff. You said it was a CBSA tipoff. When did that tipoff happen?

[Christiane Fox]

I think the original investigation by CBSA, on a number of cases, started back in 2018. They've been reviewing that. I understand they will be here at the committee on Monday to speak to this, but I think the first tipoff was around 2018.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Do you know what time in 2018? Was this after the new system was introduced?

[Christiane Fox]

I am speaking about an IRCC system. CBSA would need to speak to whatever investigation they undertook.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

I'm just asking about timelines. Did the tipoff happen after the new system was introduced, or was it just in calendar year 2018?

[Christiane Fox]

I know of calendar year 2018.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Okay.

We heard the minister saying that multiple consultants were involved in these fraudulent schemes that defrauded these victims. Are all the consultants in Canada, or are they also in the Punjab? Where are they located? Do we know?

[Christiane Fox]

I think it's important to note that we, on an ongoing basis, look at the activities around the world. There are fraudulent actors everywhere. People are trying to take advantage of Canada's immigration system. In this context, it was not limited to one country. I think there were around three countries involved.

However, what I would say is this. We always have to undertake fraud reviews. We have to look at what the department does, not just in the context of the international student program but for all of our programs.

[The Chair, Liberal, Salma Zahid]

Thank you. Your time is up, Mr. Kmiec.

Mr. El-Khoury, go ahead for six minutes.

[Fayçal El-Khoury, Liberal, Laval—Les Îles, QC]

Thank you, Madam Chair.

Welcome to the officials, and thank you for taking part in our important meeting.

When it comes to discussing fraud, we have to exercise considerable diplomacy and determination in order to achieve justice and to honour human rights.

Considering everything that has happened, what do you think are the responsibilities of the institutions that have issued fraudulent documents?

What disciplinary measures can you take against all the institutions involved in these frauds?

[Christiane Fox]

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.

[Fayçal El-Khoury, Liberal, Laval—Les Îles, QC]

Ms. Fox, if I understand you correctly, disciplinary measures will be taken against institutions that don't comply with the rules or don't meet the conditions set by your department.

Do I understand you correctly?

[Christiane Fox]

I think so.

The College of Immigration and Citizenship Consultants essentially takes measures against universities and consultants that don't abide by the rules.

I would say that the most serious consequence would probably be denial of an application. If a college or university fails to meet the criteria, students won't necessarily have access to the university or college as such.

I think that's one way to establish an honour system with the institutions that can participate and meet the criteria.

[Fayçal El-Khoury, Liberal, Laval—Les Îles, QC]

Ms. Fox, have you assessed or analyzed the consequences of this situation for foreign students wishing to come to Canada? Will they then feel that they are safe? What signal can we send to foreign students?

[Christiane Fox]

I don't think that's very important. Through in‑country missions, the department informs people of the benefits of coming to study in Canada. We have to keep doing that because our country benefits from the presence of international students.

The message we have to send out is that we need to establish a system that limits fraud. I hope that, through this kind of process, they'll see that the department and the government are making sure that students who really want to come here to study won't be penalized and that our system puts the individual in context. I think that's a message that has to be circulated.

We hope that the system review and the work we do to inspire trust encourages foreign students to file applications and that we can ensure Canada remains a preferred destination for education and students.