Opposition accuses Liberals of ‘paralysis’ in crackdown on crooked immigration consultants

Refreshing to see the opposition admitting that its previous approaches failed while pressing the government for action:

Opposition MPs are accusing the Liberal government of failing to protect immigrants from fraudsters and predators as it swings Canada’s door open to more newcomers.

In a formal response to a sweeping study by MPs on the immigration committee tabled four months ago, Immigration Minister Ahmed Hussen said the government is “seized” with issues related to inadequate protection from unprofessional or unethical practitioners, and conceded a strong system of oversight is essential.

But he did not commit to any of the committee’s 21 recommendations, saying only that the government will carry out further study and expects to provide more information on a path forward next year.

“Given the complexity and inter-dependencies of the issues, the impact on public confidence, on clients and authorized immigration and citizenship consultants, the government will carefully consider the committee’s report and undertake a thorough analysis of key recommendations before determining how these issues could be addressed successfully,” his response reads.

A disappointed Conservative immigration critic Michelle Rempel said the response amounts to “typical inertia.”

“There are very substantive proposals on the table on how to manage this, and the government really just needs to make a decision and implement it,” she told CBC News. “The fact they’re not willing to do it suggests a sort of paralysis on their part, and that’s to the detriment of people who are being exploited.”

“We tried self-governance. Clearly, that’s failed,” she said. “I’m willing to say the approach we tried failed, twice, and it’s really now up to the Liberal government to do something, and the status quo is not going to cut it.”

In the spring, the Commons immigration committee carried out weeks of hearings on unregistered representatives often called “ghost” or “crooked” consultants, hearing heart-wrenching stories from clients who were ripped off for thousands of dollars, or brought to Canada with the promise of work only to be dumped at the side of the road or left in a warehouse.

Rempel said it is even more critical that the government crack down on predators in the context of its aggressive immigration strategy.

Source: Opposition accuses Liberals of ‘paralysis’ in crackdown on crooked immigration consultants – Politics – CBC News

Liberals face pressure to crack down on crooked immigration consultants

More on the problems of immigration consultants (see earlier Agency that oversees immigration consultants appears to be in turmoil):

The government is facing pressure from MPs of all political stripes to crack down on bogus immigration consultants who prey on people who are desperate to work or live in Canada.

The Commons immigration committee has just wrapped up weeks of hearings on unregistered representatives called “ghost consultants.” MPs are now considering recommendations ranging from overhauling or even scrapping the independent oversight body, to imposing heavier penalties for perpetrators.

Members heard harrowing stories from duped clients who testified behind closed doors. Some were ripped off for thousands of dollars, or brought over with the promise of work only to be dumped at the side of the road or left in a warehouse. In all, they heard from 50 witnesses and read 24 written submissions.

Liberal MP and committee chair Borys Wrzesnewskyj said testimony about crooked and ghost consultants made it clear the status quo can’t continue.

“There is an appetite to fix this. It’s just not acceptable that the present set of circumstances continue,” he told CBC. “It won’t be an easy job. The fact that it’s been studied a number of times and we’re still having to listen to circumstances and their very poignant stories speaks to that.”

Wrzesnewskyj hopes the committee can table its report, which is expected to include recommendations for sweeping reforms, before the House rises for the summer.

Conservative immigration critic Michelle Rempel believes there is broad consensus that the current system is broken and needs an urgent fix. The “hair-curling” stories heard underscore the need for major reforms.

Blacklist for bad actors

While there are many above-board immigration consultants, their reputation has been stained by reports of unethical representatives preying on vulnerable people.

Along with suggesting a possible blacklist for bad practitioners, Rempel said the government must work to modernize and simplify the complex system so people can navigate it themselves instead of turning to third parties.

“More broadly, the fact that there even needs to be an industry suggests there are a lot of improvements that could be had within the actual department in terms of ease, efficacy of approaching the Canadian immigration system,” she said.

Rempel said testimony about significant governance problems with the Immigration Consultants of Canada Regulatory Council (ICCRC), which was established in 2011 to oversee registered consultants, raised questions about its ability to fulfil its mandate.

Source: Liberals face pressure to crack down on crooked immigration consultants – Politics – CBC News

Agency that oversees immigration consultants appears to be in turmoil

This was a fairly high profile initiative of the previous government, meant to improve the integrity of immigration consultants. Better to use immigration lawyers who have stronger – but not perfect – codes of conduct and regulation:

The council that oversees thousands of immigration consultants in Canada is in the midst of what many describe as a crisis, beset by resignations, infighting and harsh criticism from lawmakers and lawyers.

The chief concern about the apparent crisis confronting the ICCRC (Immigration Consultants of Canada Regulatory Council) is that those who will suffer most are the immigrants and refugees who often use consultants in their efforts to live in Canada.

The regulatory council, which was set up in 2011,  sets the rules for how immigration consultants conduct themselves, providing education, licensing and discipline. It’s needed to help and protect those who want to come to Canada, overseeing approximately 4,000 consultants. It is run by a 15-member board of directors.

“The council is there to protect the public,” said immigration lawyer Richard Kurland. “It’s not going after the crooked consultants adequately and at risk is the public — the immigrants, refugees and vulnerable visitors.”

Everyone agrees that most immigration consultants do a good job of representing their clients.

“I am deeply, deeply concerned about the status of operations and governance with the board (of directors) right now,” said Conservative MP Michelle Rempel, a member of the Commons immigration committee that has been looking into the immigration consultant industry.

When board representatives appeared before the committee last month, Rempel upbraided them for allowing internal disputes to spill over into their professional work, labelling one letter submitted to the committee by the board of directors “garbage” that was “deeply disappointing.”

ICCRC board chair Christopher Daw told committee members in March that the council “is fulfilling its mandate to protect consumer by effectively regulating the immigration and citizenship consulting profession.”

No one from the ICCRC’s executive would agree to an interview, but acting president and CEO Lawrence Barker did respond to written questions.

‘Turnover can be challenging’

In an email Barker defended the organization, says it is “financially sound.”

“With respect to governance, the board of directors is elected by the membership and the resulting turnover can be challenging at times,” said Barker, noting the agency is undertaking a review of the way it’s governed.

The parliamentary committee is considering what changes to recommend to the government. The suggestions range from retooling the council to having the government take over regulation of the industry to scrapping it, allowing only lawyers or public servants to deal with immigrant and refugee clients.

Asked for a comment, Jennifer Bourque, a spokeswoman for the Immigration Department, told CBC News in an email:

“The department is following this issue carefully. We remain confident that the ICCRC will resolve any internal issues. The department is in regular contact with the ICCRC and there are reporting requirements that the ICCRC must follow. The department will continue to monitor and will provide support as necessary.”

Source: Agency that oversees immigration consultants appears to be in turmoil – Politics – CBC News

John McCallum promises probe into immigration consultants’ fees for Syrian refugees

Unfortunately, there are always those who will seek to profit from these situations:

Immigration Minister John McCallum says he has ordered a three-part investigation into the practice of immigration consultants charging Syrian refugees thousands of dollars to process applications and possibly violating federal rules on private sponsorship by asking them to pay resettlement costs that should be paid by their sponsors.

“We are very concerned about this, and we want to explore all avenues as to possible wrongdoing,” McCallum told Rosemarie Barton on CBC’s Power & Politics Tuesday.

The minister was responding to a CBC News investigation that found that some immigration consultants are charging Syrians who want to come to Canada under the private sponsorship program between $3,000 to $6,400 per person to process their applications.

The investigation also found that some consultants are asking refugees to pay the cost of their resettlement in Canada up front before even arriving in the country. Under federal rules, these costs are supposed to be covered by private sponsors, not refugees, for a full year. Refugees can contribute to their settlement costs once they arrive in Canada but cannot be made to prepay or repay them, according to Immigration, Refugees and Citizenship Canada (IRCC).

McCallum said he has asked for investigations on three fronts:

  • Law-enforcement agencies will determine whether any laws have been broken.
  • The Immigration Consultants of Canada Regulatory Council (ICCRC), which oversees immigration consultants in Canada, will determine whether any of its rules have been broken.
  • Immigration, Refugees and Citizenship Canada will determine whether any sponsorship agreement holders have violated federal rules. If they did, those agreements could be nullified.

“I do think it’s a serious allegation. Given how generous the vast majority of Canadians have been, it leaves a bad taste in the mouth,” McCallum said. “With this three-front investigation, we should get some answers.”

McCallum said the investigation will also look into why immigration consultants are getting involved in the refugee sponsorship process at all.

“I don’t see why they’re there,” he said.

Source: John McCallum promises probe into immigration consultants’ fees for Syrian refugees – Politics – CBC News

CBSA faces obstacles in fight against crooked immigration consultants

The challenge of implementation from CBSA President Luc Portelance:

Over the last six years, the Public Prosecution Service of Canada has accepted 22 cases, with 13 resulting in guilty convictions and several others still making their way through the courts, the memo adds.

In 2013-14, the border agency opened 40 investigations into consultant fraud — the highest number in the last six years.

“Most of these cases are still under active investigation,” the memo says.

However, consultant fraud cases are among the most time-consuming and resource-intensive investigations, Portelance notes.

In August the border agency laid four charges against an Edmonton consultant who allegedly provided her clients with forged documents — charges that came three years after the agency received a complaint against her.

Obtaining evidence to prove intent of a crime often includes several search warrants, production orders, interviews and surveillance operations, Portelance says in the memo.

“The focus on complex cases creates a significant pressure on (border agency) time and resources, and statistical reporting often does not truly demonstrate the significant amount of work being undertaken at a given time,” it says.

“Additionally, obtaining evidence of consultant fraud continues to be a challenge.”Immigration applicants are “often hesitant” to report consultants, as they were either complicit in the misrepresentations or they remain convinced their consultant can help them gain status in Canada, Portelance says.

“Many applicants fear removal from Canada as they did not acknowledge using a representative for a fee or consideration.”

CBSA faces obstacles in fight against crooked immigration consultants (pay wall)