The Canadian Border Services Agency (CBSA) has laid charges against Brijesh Mishra for his involvement in defrauding 700 international students from India. The charges are based on violations of the Immigration and Refugee Protection Act (IRPA) and are as follows:
- IRPA Section 91(1) Unauthorized Representation or Advice for Consideration – one count This charge is related to Mishra providing unauthorized representation or advice to the students, likely in exchange for monetary consideration, without having the legal authority to do so.
- IRPA Section 126 Counselling Misrepresentation – one count This charge indicates that Mishra has counseled or advised the students to provide false information or misrepresent facts in their applications or documents.
- IRPA Section 127(a) Misrepresentation (Direct or Indirect Misrepresentation) – one count This charge suggests that Mishra was involved in direct or indirect misrepresentation, meaning he might have provided false information himself or encouraged the students to do so.
- IRPA Section 127(b) Misrepresentation (Communicating False Information) – one count This charge is linked to Mishra’s communication of false information to the authorities or other relevant parties, likely in relation to the students’ visa applications or other immigration processes.
- IRPA Section 124(1)(a) Non-Compliance with the Act – one count This charge indicates that Mishra was not complying with the provisions of the Immigration and Refugee Protection Act in his activities related to the students.
The fraud came to light when 700 students from India, who had arrived in Canada between 2018-2019, applied for permanent residence in Canada. It was discovered that they had been issued false letters of admission from Canadian educational institutions. The students had all sought study visas through Education Migration Services, a company located in Jalandhar, India, headed by Brijesh Mishra. The students paid substantial amounts of money for college admission and visa application assistance.
Further investigations revealed that Mishra had been living in Surrey, British Columbia, illegally since his visa was revoked in 2019 for “ghost consulting.” Ghost consultants are unlicensed immigration representatives who scam international students by posing as legitimate helpers in the admission and visa process. Once students pay their fees, these consultants disappear without providing the promised services.
Following the charges against Mishra, Immigration Minister Sean Fraser announced the formation of a special task force to investigate each affected student individually. The task force aims to determine if the students were aware of the fraudulent letters. If students are found to have knowingly participated in the fraud, they will face consequences, including potential removal from Canada. On the other hand, those deemed unaware of the fraud will not be deported and will be issued temporary resident permits to allow them to remain in Canada.
In response to such incidents of fraud, Immigration, Refugees and Citizenship Canada (IRCC) plans to collaborate with Designated Learning Institutions (DLIs), provinces, territories, and organizations representing Canadian colleges and universities abroad to detect and prevent future fraud.
To protect themselves from fraud, international students are advised to be cautious and vigilant. Common types of fraud include phishing, fake job offers, and housing scams. Students should be wary of sharing personal information with unknown entities and avoid responding to unsolicited or suspicious phone calls, emails, or texts that request financial information or money. It’s essential to verify the legitimacy of immigration consultants, employers, or landlords before engaging with them. If something appears too good to be true, such as a job offer or accommodation, it is best to exercise caution and verify the details thoroughly.