Take Minister Of Immigration & CBSA to Court
Toronto, Feb 15, 2009
Sampuran ( Sam ) Benet
PRESIDENT of CAIF
Marriage of convenience or immigration marriage fraud occurs when
a sponsored spouse from overseas commits fraud through misrepresentation
by contracting a marriage for the sole purpose of gaining immigrant
status in Canada.
As a consequence thousands of innocent Canadian and permanent
resident sponsors who married in good faith suffer financial loss.
Psychological trauma, social stigma and family law issues. These
Canadian and permanent residents have submitted complaints to both
Citizenship and Immigration Canada (“CIC”) and Canada
Border Services Agency (“CBSA”) for investigation to
revoke their former spouses’ immigration status for misrepresentation.
CAIF has commenced a Class Action in Federal Court of Canada on
behalf of these victims of immigration fraud marriage against CIC
and CBSA. Thousands of innocent victims of marriage fraud have exhausted
all their avenues in order to seek justice in spite of having submitted
well documented complaints to both CIC and CBSA against their former
The Immigration and Refugee Protection Act (“IRPA”)
has provisions for investigation and revocation of status in cases
of marriages of convenience. To date, CIC and CBSA have not systematically
or effectively pursued the perpetrators of marriage fraud who remain
in Canada legally with impunity.
Immigration- based marriage fraud is growing rapidly in Canada
every year. The fraudulent foreigners are playing with the lives
of innocent Canadians and Government is failing to protect the rights
By default the government rewards these individuals and encourages
thousands of other foreign nationals to pursue this avenue of illegal
immigration into Canada at the expense of the victims and the Canadian
taxpayers. The government’s lack of action widens the door
for more fraud, crime and other illegal activities.
The Canadian Press had reported hundreds of Immigration based
marriage fraud cases in the past. Fraud is a criminal offence and
marriage is not an Immigration deal.
Canadians Against Immigration Fraud and victims are putting their
faith in our justice system to prevail and do what is right. And
what is right is to seek justice for victims and all Canadians.
Canada Border Service Agency
The CBSA investigates immigration violations and removes persons
who do not have a right to enter or stay in Canada. The ability
to remove people is vital to the integrity of the immigration system,
and to those who come to this country lawfully. CBSA officers across
Canada investigate people who may have breached the Immigration
and Refugee Protection Act (IRPA). They work closely with the RCMP,
local police and other agencies and, when necessary, can arrest,
detain and remove people who breached the Act.
Members of the Immigration Division of the Immigration and Refugee
Board (IRB) conduct admissibility hearings. The IRB is independent
of the CBSA and its members are trained in immigration law.When
a more complicated breach of IRPA is alleged, the Minister's delegate
reviews the investigation report and refers the matter to the Immigration
Division for an admissibility hearing.
Admissibility hearings are similar to court hearings and are generally
open to the public. However, they are held in private if they concern
refugee protection claimants. Removing individuals who do not have
a right to enter or stay in Canada is essential to maintaining the
integrity of our immigration program and to ensuring fairness for
those who come to this country lawfully.