Citizenship Fraud - CIC Wins First Case!!

[on-hold]

The new law is *supposed* to help with this by making the rules more narrow and strict. Whether this actually happens is another story.

Anyway I think for most people who have solid residency proof, it will still be no problem (full-time job, etc). It will be the people on the edge with the issues.

I don't think it's that they need to make the rules more strict, but that they need sensible triggers for RQ, and a streamlined process for resolving it. For what it's worth, the sort of fraud here is the sort that I would consider turning in, I think it is qualitatively different from the sort in the other discussion. In my opinion, this is almost as bad as the worst kind of all, fraudulent refugee applications.

That said, I'm troubled by how long this process took . . . If they are really investigating thousands, they had better develop some chops at doing it better, or this is going to take away from processing true applications . . .

 

[torontosm]

It took them 6 years to finish this easy case?
All they needed was the travel history from UAE?
lol

Where did you get 6 years from? The transcript of the decision clearly states:

" This action was commenced in January of 2013. On August 21, 2013, counsel for the defendants advised the Minister that he was contemplating bringing a motion to examine the immigration consultant who allegedly assisted the defendants with their citizenship applications. .....
[21] In January of 2014, counsel for the Minister advised counsel for the defendants that she would be proceeding with her motion for summary judgment."

So, it was really 15 months from start to finish.

 

[scylla]

It took them 6 years to finish this easy case?
All they needed was the travel history from UAE?
lol

You didn't bother to read the case - did you?

This investigation didn't take place when they applied for citizenship. It started last year - well after they had received citizenship. The reason why it took a little over a year to finalize the legal case is because the applicants kept postponing the proceedings over and over again as a delay tactic. CIC was ready to go and revoke their citizenship after a few short months. If you read through the case you'll see CIC had no issues obtaining documents to prove they were working, attending school and living outside of Canada. They also had no issues obtaining entry / exit records from the foreign government involved.

 

[wadelmaki]

One of the things that really caught me in this case is CIC actually checked their LinkedIn profiles and confirmed their suspicious (they did not take it as a solid proof as one could change their profile at anytime). It is very simple check, but could confirm many things, and I bet you none of the family members would expect CIC will look into their career profile.

One thing that I was thinking about; does CIC have the authority to obtain travel records/university enrollment confirmation etc. if you have not give them the consent. For example CIC would not check your CBSA unless you give them consent, or at least how it is stated in the most recent Citizenship forms.

 

[zardoz]

I suspect that once they are investigating a criminal offence, fraud and/or misrepresentation, consent is not required.

 

[wadelmaki]

I suspect that once they are investigating a criminal offence, fraud and/or misrepresentation, consent is not required.

That make sense! It looks like the other agencies are collaborative especially if the quests are for a criminal/investigative case!

Another point, what if CIC is simply wrong?

 

[scylla]

Another point, what if CIC is simply wrong?

Then the applicant should be able to prove this by showing records (school records, work records, travel records) that support this.

CIC isn't going to go after someone unless they are sure fraud has taken place. In other words, the people they are going after are individuals where strong proof exists they lied in their citizenship application. If you read through this case, you'll see that the applicants never denied that they lied in their applications (the proof was simply too strong). Instead they tried to blame their consultant.

 

[Swede]

That make sense! It looks like the other agencies are collaborative especially if the quests are for a criminal/investigative case!

Another point, what if CIC is simply wrong?

Since you're innocent until proven guilty, CIC has to prove beyond reasonable doubt that the people in question obtained their citizenship illegitimately. Hopefully, the judge wouldn't rule in CIC's favour unless they had solid proof to support their case.

 

[zardoz]

Since you're innocent until proven guilty, CIC has to prove beyond reasonable doubt that the people in question obtained their citizenship illegitimately. Hopefully, the judge wouldn't rule in CIC's favour unless they had solid proof to support their case.

As this is not (at this point) a criminal trial, I think that they employ a "balance of probabilities" basis for judgement.

III. The Burden and Standard of Proof
[17] The burden is on the Minister to demonstrate that the defendants obtained their Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances: Canada (Minister of Citizenship and Immigration) v. Skomatchuk, 2006 FC 994 at para. 21, [2006] F.C.J. No. 1249.
[18] The standard of proof is that of the balance of probabilities: Skomatchuk, above, at para. 23. The balance of probabilities standard will be satisfied if the evidence establishes that it is more probable than not that something occurred. That is, I must be satisfied that an event or fact in dispute is not only possible, but probable: Skomatchuk, above, at para. 25.

 

[txboyscout]

For me the biggest take away from this case is that CIC can get foriegn govts to provide them with information when needed.

So, it seems like the Canadia government might have agreements in place with certain countries to get the information they need, so if you are planning on tricking CIC better think twice. It is evident more and more every day that govts worldwide share info with each other

 

[Msafiri]

Seems CIC targeted an immigration consultant and tracked a file of interest or maybe the consultant saved his/her own skin by giving the family up. Either way CIC hit paydirt with this. It's interesting the family kept delaying the trial by 'trying to get information' from their consultant - did the consultant just vanish into thin air. Also key that the immigration consultant is not mentioned or identified by CIC...indicates there may be more to come.

 

[keesio]

So, it seems like the Canadia government might have agreements in place with certain countries to get the information they need, so if you are planning on tricking CIC better think twice. It is evident more and more every day that govts worldwide share info with each other

This will be more and more the case. Already the US and Canada have a lot of direct info sharing. Other countries are coming on board. It will be more difficult to lie to CIC about residency and such in the future.

 

[Msafiri]

This will be more and more the case. Already the US and Canada have a lot of direct info sharing. Other countries are coming on board. It will be more difficult to lie to CIC about residency and such in the future.

Recent expose found that Toronto Police load up onto the Canadian Police Database reported phone calls of any suicide attempts. CBP have access to the database and have turned away Canadians at the border on grounds of risk to the US society (mental health issues)...so big brother is also now onto your medical history!!

 

[keesio]

Recent expose found that Toronto Police load up onto the Canadian Police Database reported phone calls of any suicide attempts. CBP have access to the database and have turned away Canadians at the border on grounds of risk to the US society (mental health issues)...so big brother is also now onto your medical history!!

Then there is FATCA where the IRS can grab data of bank accounts any US citizen has in a Canadian financial institution... the list goes on..

 

[NN74]

Could we say as the conclusion of this fraudulent case - all those who have valid UAE residence visa at the time of their citizenship application (interview stage) even though they had fulfilled 1095 days physical presence residency requirement -in reality- without any fraud, would get RQ for sure!!!

Seems CIC targeted an immigration consultant and tracked a file of interest or maybe the consultant saved his/her own skin by giving the family up. Either way CIC hit paydirt with this. It's interesting the family kept delaying the trial by 'trying to get information' from their consultant - did the consultant just vanish into thin air. Also key that the immigration consultant is not mentioned or identified by CIC...indicates there may be more to come.