CIMM – Litigation Involving Genuine Students Impacted by Fraud – October 24, 2023

Key Facts and Figures

There are several ongoing litigation files concerning students who claim to be victims of immigration fraud involving study permits.

Below Key Messages are summaries of several pending litigation files.

Key Messages

• As these cases are before the Federal Court, the Department cannot comment on their particular situation.
• IRCC maintains that applicants are responsible for their applications and the documents they submit. That’s a foundational aspect of IRPA, which has been confirmed by courts.
• IRPA also has discretionary tools to respond to particular situations, and this one was such situation. As we strengthen our integrity measures for the international study program and to further protect international students, it was appropriate to review cases individually and take action where appropriate.

Supplementary Information

• The Federal Court has held that an applicant may be found inadmissible for misrepresentation even when the fraudulent information was provided by their representative. Courts have ruled that applicants are inadmissible for misrepresentation in this situation as it is the applicant’s responsibility to ensure the information included in their application is accurate. According to the Court in interpreting IRPA, an applicant may be excused from the misrepresentation only where there has been an “innocent mistake.” The “innocent mistake” exception is, however, narrow. It applies only to truly extraordinary circumstances where an applicant honestly and reasonably believed that they were not misrepresenting or withholding a material fact, and the knowledge of the misrepresentation has to be beyond the applicant’s control.

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